Ravi Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Ravikumar S/o.Marimuthu

...Petitioner/Accused

Vs.

State through The Inspector of Police, Veerapandi Police Station, Tiruppur.

(Crime No.45 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.45 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.Deepanuday For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) Page No.1 of 7

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 12.01.2025, seeking bail in Crime No.45 of 2025 registered for the offence under Sections 296(b), 351(3) of BNS and Section 3(1) of TNPPDL Act, 1992. 2.The case of the prosecution is that the defacto complainant and the petitioner's aunt were residing in the same locality and that on 11.01.2025, the petitioner came to his aunt's house and had an argument with her and that the defacto complainant, who is the neighbour, went to the location and the petitioner abused the defacto complainant's husband for parking the car in an haphazard manner and damaged the windshield of the car of the defacto complainant. Hence, the case.

3.Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the petitioner is in custody from 12.01.2025 and he is Page No.2 of 7

ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for the grant of bail.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police would reiterate the prosecution case and submit that there are eleven previous cases pending against the petitioner. 5.At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.10,000/- to the credit of Crime No.45 of 2025.

6.On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.45 of 2025, without prejudice to his rights and contentions before the trial Court. Merely because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

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7.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

8.Considering the nature of allegations and the period of incarceration undergone by the petitioner and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

9. Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.10,000/- (Rupees Five Thousand only) to the credit of Crime No.45 of 2025, without prejudice to his rights and contentions before the trial Court and on such deposit and production of proof, 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 Judicial Magistrate - IV, Tiruppur, and on further conditions that:

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[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 10.30 a.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 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)AIR SCW 5560];

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

18.02.2025 ata Page No.5 of 7

Copy to:

1.The Inspector of Police, Veerapandi Police Station, Tiruppur.

2.The Judicial Magistrate - IV, Tiruppur.

3.The Superintendent of Prison, Central Prison, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

ata 18.02.2025 Page No.7 of 7