Avineshkumar v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.34310 of 2025 Avineshkumar ... Petitioner Vs.

The State rep by its the Inspector of Police, T-5, Kundrathur Police Station, Kancheepuram District.

... Respondent (Cr.No.470 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Crime No.470 of 2025 on the file of the respondent police. For Petitioner : Mr.E.Sathiyaraj Elangovan For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 126(2), 296(b), 115(2), 324(4), 351(3) of BNS (corresponding Sections 341, 294(b), 323, 427 of IPC) and 4 of TNPHW Act in Cr.No.470 1/5

of 2025 pending investigation on the file of the respondent police. seeks anticipatory bail.

2. The case of the prosecution is that on 04.12.2025, the defacto complainant and her sister were travelling in a UBER car at Periyapanichery, while so the two unknown persons came in a two wheeler and trying to dash a car and suddenly, A1 stopped the car and abused the defacto complainant and the driver of the car in filthy language and also caused damage to the car. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that this petitioner being a friend of A1, he has been implicated in this case and the injured has been discharged from the hospital. He further submitted that he is ready to abide by any conditions that may be imposed by this court and hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and reported that the the injured discharged from the hospital and the petitioner is having no previous case. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the fact that the injured discharged from the hospital and 2/5

no previous cases reported, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate, Sriperumpudur, Kancheepuram District 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 learned Magistrate concerned, and on further condition that: (a) If the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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 Act.

15.12.2025 Vv To

1. The Judicial Magistrate, Sriperumpudur, Kancheepuram District

2. The Inspector of Police, T-5, Kundrathur Police Station, Kancheepuram District.

3. The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.34310 of 2025 15.12.2025 5/5