D. Sekar v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR D. Sekar Petitioner(s) Vs The State Rep by The Inspector of Police Arakoriam Taluk Police Station, Arakonam, Ranipet District.

Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of BNSS, pleased to enlarge the Petitioner on the file in the event of arrest by the Respondent Police in Crime no. 398 of 2025 on the file of the Inspector of Police, Arakonam Taluk Police Station, Arakonam and pass such further or other orders as this Honble Court.

For Petitioner:

Mr.Harinath Ramamoorthy For Respondent(s):

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

ORDER

The Petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 132 of BNS, in Crime No.398 of

2025, on the file of the respondent police, seeks anticipatory bail. 2.The allegation against the petitioner is that he was an accused in Crime No.397 of 2025, and the case was pending investigation. The defefacto complainant, while investigating, saw the petitioner and attempted to arrest him. However, the petitioner allegedly pushed him away and fled from the scene of occurrence. Hence, the case.

3.The learned counsel for the petitioner submits that the petitioner was not present at the time of the occurrence and is a practising advocate. He further submits that since the petitioner was granted anticipatory bail in the earlier case, a false complaint has been lodged, and prays for anticipatory bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police reported that a case was registered on 13.10.2025, and anticipatory bail was granted subsequently. She further states that the petitioner pushed the police officer and fled the scene. Hence, she opposes the grant of anticipatory bail to the petitioner.

5.

I have considered the submissions made by the learned counsel appearing on either side and perused the records which reveals that the petitioner fled the scene of occurrence, after pushing the Inspector when the Inspector attempted to apprehend the petitioner. However, there are no other serious allegations levelled against

the petitioner. Hence, I am inclined to grant anticipatory bail to the petitioner subject to certain conditions:

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of copy of this order before the learned Judicial Magistrate No.1, Arakonam, on condition that the petitioner 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the Court concerned everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate

action against the petitioner in accordance with law as if the 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)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

04-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police Arakoriam Taluk Police Station, Arakonam, Ranipet District.

2.The Judicial Magistrate No.1, Arakonam.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 33287 of 04-12-2025