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Madras High CourtCRL OP/33996/2025granted

Sanjay v. State Rep By Its 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 HON'BLE MR. JUSTICE K. RAJASEKAR 1.Sanjay 2.Imaiyan @ Chinna 3.Krishnakanth ... Petitioners -vsState Rep by, The Inspector of Police Kadambathur Police Station, Kadambathur, Tiruvallur.

(Crime No.163/2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS, pleased to enlarge the petitioner on bail in the event of their arrest in Crime No.163 of 2025 pending investigation on the file of the respondent police. For Petitioners :

Mr.Arun Kumar For Respondent :

M/s.J.R.Archana Government Advocate (Crl.Side) ********** 1/5

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 324(4), 296(b), 118(1), 351(3) of BNS r/w.4(a), 5 of Explosive Substances Act in Crime No. 163 of 2025, seeks anticipatory bail.

2. The allegation against the petitioners is that due to previous enmity, the petitioners threatened the defacto complainant that they will throw country made bomb and also threatened him with dire consequences. Further they also attacked him with iron rod. Hence the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are not having any previous case and the acquisition of the threat was false, as if the threat made by them that they will throw a country made bomb. Hence, he prays for grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that the petitioners are not having any previous cases and the victim has been discharged from the hospital. Hence, opposed for grant of bail to the petitioners. 5.Considering the fact that the occurrence was taken place on 23.10.2025 and A1 to A3 have already been arrested and released on bail, and that the victim has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

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6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Tiruvallur, on condition that the petitioner shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police everyday 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 aforesaid conditions, the 3/5

learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

11.12.2025 mpa To 1.The Judicial Magistrate-II, Tiruvallur.

2.The Inspector of Police Kadambathur Police Station, Kadambathur, Tiruvallur.

3.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

mpa 11.12.2025 5/5