High Court · 2025

Crl.O.P.No.14383 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASRESERVED ON : 08.07.2025PRONOUNCED ON : 05.08.2025CORAMTHE HONOURABLE MR.JUSTICE M.NIRMAL KUMARCrl.O.P.No.14383 of 2025Arivoli @ Arivoly... Petitioner Vs.The State rep. byThe Inspector of Police,Annamalai Nagar Police Station,Cuddalore District.Crime No.51/2025... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of his arrest Crime No.51 of 2025 on the file of the respondent police pending investigation.For Petitioner : Mr.R.Sankarasubbufor Mr.SiranjeeviFor Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)Page No.1 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14383 of 2025ORDERThe petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 353(2) of BNS in Crime No.51 of 2025, on the file of the respondent Police, seeks anticipatory bail 2.The gist of the case is that on 24.03.2025 at about 12.30 p.m., when the respondent police was on routine patrolling found the petitioner selling books “K:d;W g[jpa rl;l';fs; = nghyPR Ml;rp” near Government Medical College Hospital bus stand. The petitioner is a known supporter of Maoist ideology. This book was purchased and the book contains false information as though the new laws brought in to curtail and eradicate the protest by the minorities and protestors projecting them as extremist, secessionist and anti-nationalist. Since it was propagating hatred and false information in public addressing the students, a case was registered.3.The contention of the learned counsel for the petitioner is that the petitioner has not committed the offence. He would submit that prior to promulgation of new criminal laws, namely, Bharatiya Nyaya Sanhita Page No.2 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14383 of 2025(BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), there were objections and protest to replace the Code of Criminal Procedure, Indian Penal Code and The Evidence Act since it is a major change in procedure and punishment contemplated against the fundamental right guaranteed in the Constitution of India. There have been several seminars and protest conducted throughout the Nation, in fact, there is a challenge to these new Acts which is pending before the High Courts and the Apex Court. In such circumstances, showing resistance on introduction of the new laws which affects the fundamental right of the citizen cannot be termed as creation of hatred between the public. Hence, prayed for bail.4.The learned Government Advocate (Crl.Side) filed his counter and submitted that on the complaint of the defacto complainant, a case was registered in Annamalai Nagar Police Station in Crime No.51 of 2025 under Section 353(2) BNS against the petitioner on 24.03.2025 at about 14.00 hours. The then Sub-Inspector of Police took up investigation, went to the scene of occurrence, prepared observation mahazar, drew rough sketch in the presence of witnesses, examined the defacto complainant and other Page No.3 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14383 of 2025witnesses and recorded their statements. He would submit that the petitioner filed this present anticipatory bail petition only to escape from the clutches of law and to drag on the investigation. He further submitted that the petitioner/accused is a History Sheeted Rowdy in HS.No.329/1991 on the file of Annamalai Nagar Police Station and he involved in the following cases:S.No.Police Station Cr.No. U/s.Stage of the case1.Annamalai Nagar PS., Cr.No.224/1991, U/s.153(A) IPC & 4 and 5 of Explosive Substance Act & Sec.3(2), 4 of Terrorist and Descriptive activities Prevention Act, 1987Acquittal2.Annamalai Nagar PS., Cr.No.261/2016U/s.151 Cr.P.C. & 7(1)(A) CLA ActAcquittal3.Annamalai Nagar PS., Cr.No.196/2018U/s.124(A), 153(A), 1(a), 505(ii) IPCNot Taken on file4.Annamalai Nagar PS., Cr.No.280/2019U/s.505(i)(b) IPCPending Trial5.Annamalai Nagar PS., Cr.No.281/2019U/s.505(i)(b) IPCPending Trial6.Annamalai Nagar PS., Cr.No.282/2019U/s.505(i)(b) IPCPending Trial7.Annamalai Nagar PS., Cr.No.283/2019U/s.505(i)(b) IPCPending Trial8.Annamalai Nagar PS., Cr.No.459/2020U/s.505(i)(b) IPCPending Trial9.Annamalai Nagar PS., Cr.No.939/2020U/s.505(i)(b) IPCUnder Investigation10.Annamalai Nagar PS., Cr.No.51/2025U/s.353(2) BNSUnder InvestigationPage No.4 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14383 of 2025Hence, strongly opposed this anticipatory bail petition.5.Considering the submissions made and on perusal of the materials, it is seen that in the book published, the petitioner highlighted the difference between the old Act and new Act and the paradoxical shift. There have been several protests and seminars in this regard and there are also cases pending before the High Courts and the Apex Court. In view of the above, this Court is inclined to grant anticipatory bail 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, Chidambaram on condition that the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees Five 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 Page No.5 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14383 of 2025Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] 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; [c] the petitioner shall appear before the respondent Police as and when required for interrogation; [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 defacto 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 Page No.6 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14383 of 2025Magistrate/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. 05.08.2025Speaking Order/Non Speaking OrderIndex : Yes/NoNeutral Citation: Yes/NocseNote :1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.To1.The Judicial Magistrate No.I, Chidambaram. Page No.7 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14383 of 20252.The Inspector of Police, Annamalai Nagar Police Station, Cuddalore District.3.The Public Prosecutor, Madras High Court.Page No.8 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14383 of 2025M.NIRMAL KUMAR, J.csePre-delivery order made in Crl.O.P.No.14383 of 2025 05.08.2025Page No.9 of 9