R.Udhayakumar v. State Rep By, the Sub-Inspector of Police,

O R D E R The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b) & 351(2) of BNS, 2023 and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992, in Crime No.637 of 2025, on the file of the respondent Police, seek anticipatory bail.

¶2The case of the prosecution is that on the date of the occurrence, the petitioners who are cable operators, had cut the cable wires of the defacto complainant who is a rival cable operator. When the same was questioned by the defacto complainant, the petitioners abused him. Hence, the complaint.

¶3The learned counsel appearing for the petitioners submitted that the petitioners are an innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioners, reiterated the prosecution case.

¶5Heard the learned counsels and perused the materials available on record.

¶6Considering the submissions made by the learned counsel appearing on either sides, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions;

¶7Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance,, on or before 28.08.2025, before the learned X Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) The petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the credit of Crime No.637 of 2025 on the file of the X Metropolitan Magistrate, Egmore, Chennai, on or before 28.08.2025; [b] if the petitioners fail to surrender before the concerned Magistrate on or before 28.08.2025, this Order shall stand automatically cancelled; [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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

18.08.2025 dna To

1.The X Metropolitan Magistrate, Egmore, Chennai.

2.The Sub-Inspector of Police, P-2, Otteri Police Station, Chennai 600 012. (Crime No.637 of 2025)

3.The Public Prosecutor, High Court of Madras. Dr.G.JAYACHANDRAN,

J. dna

18.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.08.2025 CORAM THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.R.Udhayakumar 2.R.Nehru ... Petitioners Vs. The State rep by, The Sub-Inspector of Police, P-2, Otteri Police Station, Chennai 600 012. (Crime No.637 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in connection with Crime No.637 of 2025 on the file of respondent Police. For Petitioners : Mr.A.Tamilvanan For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)