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Madras High CourtCRL OP/32323/2025disposed of

Nareshkumar v. The State Rep By, The Inspector Of Police

2025-12-11Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Nareshkumar ... Petitioner Vs.

State By, The Inspector of Police, Puduchatram Police Station, Cuddalore District.

Crime No.276 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.276 of 2025 on the file of the respondent police.

For Petitioner :

Mr.R.Thirumoorthy For Respondent :

M/s.J.R.Archana Government Advocate (Crl. Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 309(4), 311 & 109 of BNS in Crime No.276 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. When this petition is taken up for hearing, the learned Government Advocate (Crl. Side) submitted that, the case is now investigated and final report is also filed and the same is taken cognizance in P.R.C.no.21 of 2025 on the file of the District Munsif Cum Judicial Magistrate, Parangipettai. The learned Magistrate has issued summons for the appearance of the petitioner and there is no apprehension of arrest.

3. On considering the above submission and the nature of final report filed and offences alleged, though there is no apprehension of arrest at this point of time, the petitioner has to execute the bail bond for his appearance before the Sessions Court once the case is committed. Hence, I am of the view that, the petitioner shall surrender before the District Munsif Cum Judicial Magistrate, Parangipettai within a period of 15 days and execute bail bonds.

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on is appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate, Parangipettai on condition that each of the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[c] the petitioner shall report before the District Munsif Cum Judicial Magistrate, Parangipettai on all working day at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation; [d] On breach of any of the aforementioned

conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 11.12.2025 sma To

1. District Munsif Cum Judicial Magistrate, Parangipettai 2.The Inspector of Police, Puduchatram Police Station, Cuddalore District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

sma 11.12.2025