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Madras High CourtCRL OP/31533/2025granted

Ilayaraja v. The State Rep.By The Inspector Of Police

2025-11-19Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR S.Illayaraja ... Petitioner Vs.

State By, The Inspector of Police, Polur Police Station, Tiruvannamalai District.

Crime No.304 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 their arrest in Crime No.304 of 2025 on the file of the respondent police.

For Petitioner :

Mr.Viswanathan SB For Respondent :

M/s.J.R.Archana Government Advocate 1/7

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections191(2), 191(3), 126(2), 296(b), 127(2) and 109(1) of BNS, 2023 in Crime No.304 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. This Court has dismissed the petitioner's earlier anticipatory bail petition in Crl.O.P.No.28666 of 2025 on 22.10.2025 by stating the following reasons:

Considering the above facts and circumstances of the case; taking note of the submissions made by the learned Government Advocate (Crl. Side); the nature of allegation and also the fact that brutal attack has been made on the defacto complainant and injured is still in hospital for taking treatment, this Court is of the view that if the petitioner is enlarged on anticipatory bail, he would indulge in similar offence. Hence, this Court is not inclined to 2/7

grant anticipatory bail to the petitioner.

Now, it is the submitted that the injured has been discharged from the hospital. Hence, considering the change in circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

3. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Polur, Tiruvannamalai District 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 3/7

concerned Magistrate within a period of ten 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 respondent police daily at 10.30.a.m., for a period of two 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 4/7

Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.11.2025 sma To 1.The Judicial Magistrate's Court, Polur, Tiruvannamalai.

2.The Inspector of Police, Polur Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 6/7

19.11.2025 7/7