Tamilselvan v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.34925 of 2025 Tamilselvan ... Petitioner Vs.

State Rep by Inspector of Police, Baluchettychatram Police Station, Kanchipuram District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest in the hands of respondent in Crime No.364 of 2025 pending on the file of the respondent police.

For Petitioner : Mr.A.Saranraj For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 126(2), 296(b), 132, 115(2), 351(3) of BNS in Cr.No.364 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5

2. The prosecution case is that the defacto complainant, who is working as Government bus driver. On 04.12.2025, when the accused persons wrongfully stopped the bus at Kooram, assaulted and threatened to kill him. Thereby, obstructing the defacto complainant from performing his official duty. It is further alleged that the defacto complainant had sustained injuries and taken treatment at the Government Hospital, Kanchipuram. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner did not commit any offence as alleged by the prosecution and no way connected in the above case and hence prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured has been discharged from the hospital, there is no previous case as against the petitioner and investigation is pending. Hence, he vehemently opposed the grant of anticipatory bail.

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

6. Considering the fact that the injured has been discharged from the hospital, no previous cases reported as against the petitioner and investigation is pending, I am inclined to grant anticipatory bail to the 2/5

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 Court-I, Kancheepuram 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;

(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 3/5

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.

19.12.2025 Vv To

1. The Judicial Magistrate-I, Kancheepuram

2. The Inspector of Police, Baluchettychatram Police Station, Kanchipuram District.

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

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K.RAJASEKAR , J.

Vv K.RAJASEKAR , J.

Crl.O.P.No.34925 of 2025 19.12.2025 5/5