Nisha v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Nisha ... Petitioner in Crl.O.P.No.32676 of 2025 Saravanan ... Petitioner in Crl.O.P.No.32678 of 2025 Vs.

State By, Inspector of Police, Tirupattur Town Police Station, Tirupattur District.

Crime No.333 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.333 of 2025 on the file of the respondent police.

For Petitioners :

Mr.D.Ajith Kumar For Respondent :

M/s.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioners herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 267, 132 & 133 of BNS, 2023 in Crime No.333 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioners is that the petitioners while produced before the Judicial Magistrate on execution of Non Bailable Warrant, he abused the Officer in the Court. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the statements were also recovered.

5. It is seen that, A1 had abused the ministerial staff of Court during the cross-examination and hence this Court is not inclined to grant anticipatory bail to the 1st accused, however in respect of the 2nd accused, there is no specific overt act, hence this Court is inclined to grant anticipatory bail to the 2nd petitioner with certain conditions:

6. Accordingly, the petitioner/A2 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 Judicial Magistrate No.1, Tirupattur, Tirupattur District on condition that each of the petitioner/A2 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/A2 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/A2 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/A2 in accordance with law as if the aforementioned conditions have been imposed and the petitioner/A2 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. 10.12.2025 sma

To 1.Judicial Magistrate No.1, Tirupattur, Tirupattur District. 2.Inspector of Police, Tirupattur Town Police Station, Tirupattur District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

sma 10.12.2025