CRL O.P. No.2678 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 10.02.2025 CORAM: THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.2678 of 2025 Yuvaraj S/o. Balu ... Petitioner / Accused-3 Vs State rep. by:- The Inspector of Police, Kitchipalayam Police Station, Salem. ... Respondent [Cr. No.17 of 2025] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.17 of 2025 on the file of the respondent police. For Petitioner : Mr. Siranjeevi.R. For Respondent : Mr. S. Balaji, Government Advocate [Criminal side] ORDER The petitioner / Accused-3, who apprehends arrest in the hands of 1/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.2678 of 2025 the respondent police for the offence punishable under Sections 126(2), 296(B), 308(2) and 351(2) of B.N.S. in connection with the case in Crime No.17 of 2025, seeks anticipatory bail. 2. The case of the prosecution is that due to previous enmity between the parties regarding money transactions between the defacto complainant's brother and A1 Nagaraj, the petitioner along with other accused wrongfully restrained the defacto complainant, abused him in filthy language and snatched the two wheeler of the defacto complainant and also threatened him with dire consequences. 3. Learned counsel for the petitioner would contend that the petitioner is an innocent; that he has been falsely implicated in this case; that the allegations are false; that co-accused was arrested and released on bail and that in any case, custodial interrogation of the petitioner is not required and hence prayed to grant anticipatory bail to the petitioner. Further, the learned counsel for the petitioner prayed that Section 126(2) of B.N.S. was omitted to be included in the petition and hence the same 2/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.2678 of 2025 may be added. 4. The learned Government Advocate (Criminal Side), on instructions, would submit that this petitioner is A3; that A1 was arrested and released on bail and there is no previous case against the petitioner. 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record. 6. Considering the nature of allegations, that there is no previous case pending against the petitioner; that co-accused was already arrested and released on bail and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on 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 days 3/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.2678 of 2025 from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Salem 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions 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 everyday 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. 4/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.2678 of 2025 [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. 10.02.2025 mjs To 1.The Judicial Magistrate No.II, Salem 2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Kitchipalayam Police Station, Salem. SUNDER MOHAN. J., mjs 5/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.2678 of 2025 CRL O.P. No.2678 of 2025 10.02.2025 6/6 https://www.mhc.tn.gov.in/judis