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Madras High CourtCRL OP/33487/2025granted

Dhanapal v. The State, Rep.By Its Inspector Of Police,

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 33487 of 2025 Dhanabal Petitioner/A1 Vs The State rep. by The Inspector of Police AWPS Kallakurichi Police Station Kallakurichi District Crime No. 52 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Cr.No. 52 of 2025 on the file of the respondent police.

For Petitioner : Mr.MA.Gouthaman For Respondent : Mr.J.R. Archana Government Advocate (Criminal Side) ----

O R D E R

This Court dismissed the anticipatory bail of the petitioner twice in Crl.O.P.No.24123 of 2025, dated 04.09.2025 and Crl.O.P.No.26843 of 2025, dated 06.10.2025 on the ground that the investigation is pending. 1/6

2.Today, learned Counsel for the petitioner submitted that the petitioner herein is the Principal of School and investigation is concluded and the petitioner is also under suspension from service and hence, he prays anticipatory bail to the petitioner.

3.Ms.J.R.Archana, learned Government Advocate [Criminal Side] appearing for the respondent submitted that charge sheet filed before the Trial Court and the same is yet to be taken on file. He opposed for grant of anticipatory bail to the petitioner.

4.I have also gone through the FIR and other connected materials. Though it is found that it is not a reasonable for this Court to revisit the earlier order on the grounds of merits, the prosecution has chosen to file a final report. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Principal District and Sessions Judge, Kallakurichi, on condition that the petitioner 2/6

shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 concerned Court daily at 10.30 a.m until further orders.

[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];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12.12.2025 MSM To 1.The Inspector of Police AWPS Kallakurichi Police Station Kallakurichi District Crime No. 52 of 2025.

2. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM Crl.O.P.No. 33487 of 2025 12.12.2025 5/6