Madhan Alias Damage Madhan v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Madhan @ Damage Madhan ... Petitioner Vs.

The State represented by, The Inspector of Police, H-3, Tondiarpet Police Station, Chennai.

(Crime No.780 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.780 of 2024, pending investigation on the file of the respondent Police.

For Petitioner :

Mr.S.Karthick For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.780 of 2024 registered for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1), 109 & 351(3) of BNS, is on board for consideration. 1/4

2. The incarceration of the petitioner/A2 being from 13.12.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner himself had surrendered before the learned XV Metropolitan Magistrate. He further submits that the petitioner has nothing to do with the alleged offence and he is ready to abide by any stringent condition that may be imposed by this Court.

3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that since the de facto complainant had questioned the accused for rash driving, there arouse a quarrel between them, during such time, the accused had abused the de facto complainant in filthy language and assaulted him with knife causing injuries and threatened him with dire consequences. He further submits that the investigation is still pending and the injured has been discharged from the hospital. He also submits that five previous cases are pending against the petitioner.

4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration 2/4

undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town, Chennai, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police, everyday at 06.30 p.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released onbail 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)AIR SCW 5560]; 3/4

A.D.JAGADISH CHANDIRA.,J.

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

23.01.2025 ham To

1. The XV Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police, H-3, Tondiarpet Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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