Rajsekar @ Kuttrasu v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL Rajsekar @ Kuttrasu Petitioner Vs State rep by The Inspector of Police, T-2, Ambattur Police Station, Tiruvallur District.
Cr.No.652/2025.
Respondent PRAYER : Criminal Original Petition filed under 482 of BNSS Act, 2023 to enlarge the petitioner on bail in the event of his arrest by the respondent police concerned in (Crime No.652 of 2025) on the file of State Rep by, The Inspector of Police, T-2, Ambattur Estate Police Station, Tiruvallur District.
For Petitioner:
Mr.Gopalakrishnan E For Respondent:
Mr.S.Udaya Kumar Government Advocate (Crl.Side)
ORDER
The petitioner/accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 126(2),
296(b), 115(2), 309(4), 351(3) of BNS Act, 2023 in connection with Crime No.652 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 22.10.2025, when the defacto complainant was passing near Krishnan Kovil, Athipet, the petitioner, along with the other accused, intentionally waylaid the defacto complainant and demanded money. Upon his refusing to comply with the demand, the accused persons assaulted the defacto complainant, robbed him of Rs.640/-, and intimidated him with dire consequences before fleeing from the scene of occurrence. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there are two accused in this case and the prime accused was secured by the respondent police and he is still in prison. He would further submit that there are 11 previous case pending against the
petitioner. Hence, he strongly opposed for grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of the offences and the money involved in this case and also the fact that the prime accused is still in jail, and though the petitioner has some previous cases, in all the cases, he has been released on bail, I am inclined to grant anticipatory bail to the petitioner subject to the following 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 days from the date on which the order copy made ready, before the learned JM Court at Ambattur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:
[a] the petitioner and 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 respondent police daily at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.; [d] the petitioner shall not abscond 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023. 30-12-2025 Index:Yes/No Internet: Yes/No Speaking/Non-speaking order sp Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The JM Court at Ambattur.
2.The Inspector of Police, T-2, Ambattur Police Station, Tiruvallur District.
3.The Public Prosecutor, High Court of Madras.
P.DHANABAL J.
sp 30-12-2025