Crl.O.P.No.18108 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.07.2025 CORAM THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18108 of 2025 Saleppai Baragath Ali ... Petitioner Vs. The State represented by, The Inspector of Police, Koothanallur Police Station, Tiruvarur District. Crime No.48 of 2022 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.48 of 2022 on the file of respondent Police. For Petitioner : M/s.Sneha Muddha For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side) O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 505 (1) (b), 506 (i) of I.P.C., 1860 and Section 67 of the Information Technology Act, 2000, in Crime No.48 of 2022, on the file of the respondent Police, seeks anticipatory bail. 1/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18108 of 2025 2.In continuation to the order dated 04.07.2025, the learned counsel for the petitioner submitted that the petitioner had reached Chennai Airport on 05.07.2025 and on the same day he was detained, since LOC was pending against him. Thereafter, the petitioner was handed over to the respondent Police, who had shown arrest of the petitioner in Cr.No.188 of 2024. The petitioner was in prison for four days and he was granted bail in Crl.M.P.No.467 of 2025 on 09.07.2025 by learned Judicial Magistrate No.I, Mannarkudi. As regards this case, though the same respondent is prosecuting, the respondent police thought not fit to show arrest of the petitioner in Cr.No.48 of 2022. By this, the respondent thought that this might be used as a weapon against the petitioner. He further submits that there is an another case in Cr.No.10 of 2023 registered for similar offence. In both the cases petitioner was not shown arrest. 3.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that since the investigation in Cr.No.48 of 2022 has already been completed and charge sheet filed, apprehension of the petitioner is not required. Hence, the petitioner was not arrested in that case. 2/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18108 of 2025 4.Heard both sides and perused the materials available on record. 5.It is seen that absconding charge sheet has been filed against the petitioner in Cr.No.48 of 2022. Though the respondent Police had arrested the petitioner in Cr.No.188 of 2024, they have not shown arrest in Cr.No.48 of 2022. In view of the above, this Court is inclined to grant interim protection to the petitioner with certain conditions. 6.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 Judicial Magistrate No.I, Mannarkudi on condition that the petitioner shall execute a bond under Section 91 of BNSS Act 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 condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall 3/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18108 of 2025 stand automatically cancelled; [b] petitioner shall report before the respondent Police daily at 10.30 a.m for a period of three weeks; thereafter as and when required for interrogation; [c] 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 the identity proofs to ensure their identity; [d] the petitioner shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;; [f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned 4/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18108 of 2025 Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 15.07.2025 ep To 1.The Judicial Magistrate No.I, Mannarkudi. 2.The Inspector of Police, Koothanallur Police Station, Tiruvarur District. 3.The Public Prosecutor, High Court of Madras. 5/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18108 of 2025 M.NIRMAL KUMAR, J. ep Crl.O.P.No.18108 of 2025 6/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18108 of 2025 15.07.2025 7/7 https://www.mhc.tn.gov.in/judis