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2025 DAILYLAW 55044 (MAD)

D SEMALAIAPPAN v. The State Rep. by the Inspector of Police,

CRL OP/13398/2025 · 2025-04-29

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 13398 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 13398 of 2025 1. D Semalaiappan No.8/48, Velayuthampalayam, Kangayam Post, Tiruppur District Petitioner(s) Vs 1. The State Rep. by the Inspector of Police, Kangayam Police Station Crime No. 231 of 2025 Tiruppur District.No.8/48, Velayuthampalayam, Kangayam Post, Tiruppur District Respondent(s) PRAYER To grant anticipatory bail to the petitioner in the event of his arrest or his appearance before the jurisdictional court in connection with the Crime No. 231 of 2025 on the file of the respondent police station . For Petitioner(s): M/s.R.Prabakar P.Marudhupandiyan S.Selvi S.Ranjith Kumaran M.Sarada Devi For Respondent(s): Public Prosecutor ORDER https://www.mhc.tn.gov.in/judis CRL OP No. 13398 of 2025 The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 281, 125(a) of BNS (279, 336 IPC) subsequently altered to Section 281, 106(2) of BNS in Crime No.231 of 2025 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the husband of the defacto complainant was hit by an unidentified vehicle while standing outside an ATM, resulting in severe injuries, and was subsequently hospitalised. Hence the case. 3.The learned counsel appearing for the petitioner would submit that the allegations are false; that the offence under Section 106(2) of BNS, which is the non-bailable offence has not been notified yet; that the respondent ought not to have registered the FIR for the said offence; and that the other offence is bailable. 4.The learned Government Advocate (Crl.Side) reiterated the prosecution case and confirms that except Section 106(2) of BNS, the other offence are bailable. 5. Since Section 106(2) of BNS has not been notified yet, and the other offences are bailable, the anticipatory bail petition may not be maintainable. It https://www.mhc.tn.gov.in/judis CRL OP No. 13398 of 2025 is open to the petitioner to seek bail in accordance with law. 29-04-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL OP No. 13398 of 2025 To 1.The State Rep. by the Inspector of Police, Kangayam Police Station Crime No. 231 of 2025 Tiruppur District.No.8/48, Velayuthampalayam, Kangayam Post, Tiruppur District https://www.mhc.tn.gov.in/judis CRL OP No. 13398 of 2025 SUNDER MOHAN J. jai CRL OP No. 13398 of 2025 29-04-2025 https://www.mhc.tn.gov.in/judis