Crl.OP.No.26015 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.09.2025 CORAM THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.26015 of 2025 N.Karthikeyan @ Karthick ... Petitioner Vs. State rep by:- Inspector of Police, E-5, Sholavaram Police Station, Avadi City, Thiruvallur District. ... Respondent (Crime No.561 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in the event of the arrest in Cr.No.561 of 2025, on the file of the respondent police station. For Petitioner : Mr.M.Abi For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.side) ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 326, 303(2), 323 of BNS 2023 in Cr.No.561 of 2025 on the file of the respondent police seeks anticipatory bail. 2. The allegation against the petitioner is that on 27.08.2025 at 05.30 1/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.26015 of 2025 a.m., when the Village Administrative Officer of Nallur Village along with Revenue Inspector had conducted physical inspection in Survey No.240/1A1A1A1A, they found that one person had removed the seal in the borewell which is made by the Tahsildar at Nallur Village and had illegally fetched water from the borewell and through Tanker Lorry bearing Regn.No.TN-12-R6539, had taken the water and sold the same to the local public at higher price. Hence, the present case. 3. The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the borewell. Without the knowledge of the petitioner, A1 fetched water from the borewell. He further submitted that based on confession of the co-accused, he has been 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 police, reiterated the prosecution case and reported that the petitioner is the owner of the borewell and he is having no previous case. However, he opposed to grant anticipatory bail to the petitioner. 5. Heard both sides and perused the materials available on record. 2/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.26015 of 2025 6. Considering the facts and circumstances of the case and the submissions made by both counsel, and taking note of the fact that there is no previous case as against the petitioner, 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-II, Ponneri 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; 3/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.26015 of 2025 (c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two 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 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. 22.09.2025 Vv To 1. The Judicial Magistrate-II, Ponneri. 2. The Inspector of Police, E-5, Sholavaram Police Station, Avadi City, Thiruvallur District. 3.The Public Prosecutor, High Court of Madras, Chennai. 4/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.26015 of 2025 K.RAJASEKAR , J. Vv Crl.O.P.No.26015 of 2025 22.09.2025 5/5 https://www.mhc.tn.gov.in/judis