Mahesh v. State Rep. By The 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.35034 of 2025 Mahesh ... Petitioner Vs.

State rep by the Inspector of Police, Shoolagiri Police Station, Krishnagiri District.

... Respondent (Cr.No.510 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 Cr.No.510 of 2025 pending investigation on the file of the respondent.

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 132, 351(2) of BNS, 2023 (under Section 294(b), 353, 506(ii) of IPC) in Cr.No.510 of 2025, pending investigation on the file of the respondent police. seeks anticipatory bail.

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2. The case of the prosecution is that on 04.12.2025, when the respondent police were on regular patrol, the defacto complainant had received an information that Hosur to Krishnagiri NH, Kobachandiram near Jio Petrol bunk, when one bricks lorry was overturned in the middle of the street. On receipt of intimation, the defacto complainant along with his team went to the spot at about 09.50 p.m., and tried to lift the lorry, at that time, the petitioner went there and questioned about their work and scolded them with filthy language and they were prevented by the petitioner to do their officials works. Hence, the respondent police registered a case against the petitioner and tried to arrest him. On apprehension of arrest from the hands of the respondent police, the present case has been filed.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to cooperate with the investigation and also ready to furnish sufficient sureties for his release on bail. Therefore, prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case submitted that investigation in this case is pending and he opposed the grant of anticipatory 2/6

bail to the petitioner.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Taking all the factors into consideration and the submissions made by both counsel and investigation is pending and petitioner has no previous cases, this Court is 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 her appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate-I, Hosur 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 3/6

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 10.30a.m., as and when required for interrogation;

(d) The petitioner shall not tamper with evidence or witness either during investigation or trial; (e) The petitioner shall not abscond either during investigation or trial:

(f) On breach of any of the aforesaid conditions, the 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 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]; (g)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

19.12.225 Vv To 4/6

1. The Judicial Magistrate-I, Hosur

2. The Inspector of Police, Shoolagiri Police Station, Krishnagiri District.

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

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K.RAJASEKAR , J.

Vv Crl.O.P.No.35034 of 2025 19.12.2025 6/6