Sriram Vs The State Rep.by, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of arrest in connection with Crime No.180 of 2025 on the file of respondent Police.

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For Petitioner : Mr.Kingston Jerold For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

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O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent

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Police for the offences under Sections 318(2), 319(2), 336, 337, 338, 61(1)(a) of BNS, Section 14 of Foreigners Act, 1946 and Section 34 of AADHAAR (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 1/6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15863 of 2025

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2016 and Section 12(1A)(a) of Passport Act, 1967, in Crime No.180 of 2025, on the file of the respondent, seeks anticipatory bail.

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The case of the prosecution is that the petitioner/A7, who was running a scrap business, had illegally accommodated accused 1 to 6, who are the natives of Bangladesh, and employed them in his shop for his benefit. Hence the case.

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The contention of the petitioner is that the petitioner is innocent and he was falsely implicated in this case. He further submitted that the petitioner, considering that the other accused are the natives of Jharkhand, had given a job and accommodation to them in his shop and he was not aware of their true identity. He, on instruction, submitted that without prejudice to defence, the petitioner is prepared to deposit considerable amount to any charitable Organization or Association. Hence, he prayed for grant of anticipatory bail.

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Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting anticipatory bail to the petitioner/A7. He further submitted that accused A1 to A6 have been secured and they were sent to camp.

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Heard both sides and perused the materials available on record .

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15863 of 2025

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6 . Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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 from the date on which the order copy made ready, before the learned Judicial Magistrate, Sriperumbudur, 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 condition that:

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[a] The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15863 of 2025

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No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the Judicial Magistrate, Sriperumbudur and the receipt shall be produced at the time of executing the bond;

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[b] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

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[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;

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[d] 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;

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[e] 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;

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[f] 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;

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[g] the petitioner to give an undertaking that if required for being identified by witnesses during investigation

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.15863 of 2025

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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;

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[h] 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 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 ];

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[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

24.06.2025

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