Gopu@Elumalai v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN

1. Gopu @ Elumalai

2. E.Chandru ... Petitioners Vs.

The State represented by, The Inspector of Police, Kilpennathur Police Station, Tiruvannamalai District.

(Crime No.35 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.35 of 2025, pending investigation on the file of the respondent Police. For Petitioners : Mr.S.Silambuselvan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 08.02.2025 seeking bail in Crime No.35 of 2025 registered for the offence under Sections 115(2), 118(1), 191(2), 191(3), 296(b), 324(4), 333, 351(3) of BNS [ u/s 323, 324, 147, 148, 294(b), 427, 452, 506(ii) of IPC] read with Section 3(1) of TNPPDL Act. 1/5

2. The case of the prosecution is that, due to previous enmity, petitioners along with other accused abused the defacto complainant in filthy language and also assaulted him, as a result, defacto complainant sustained injuries. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that, petitioners are in custody from 08.02.2025 and since further custody is not required, the petitioners may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the the injured person has been discharged from the hospital. He further submitted that, apart from this case, petitioners have three previous cases and in those cases, he is on bail.

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

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6. Considering, the fact that the injured has been discharged from the hospital; period of incarceration; petitioners is on bail in other cases and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners 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 District Munsif Cum Judicial Magistrate, Kilpennathur.

[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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; 3/5

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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)AIR SCW 5560];

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

24.02.2025 Sma To 1.District Munsif Cum Judicial Magistrate, Kilpennathur.

2. The Inspector of Police, Kilpennathur Police Station, Tiruvannamalai District.

3. The Superintendent, Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 24.02.2025 5/5