Pattu @ Rajadurai v. State By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.No.5297 of 2025 Pattu @ Rajadurai
...Petitioner/Accused 3
Vs.
State rep by The Inspector of Police, Neyveli Town Ship Police Station, Cuddalore District.
(Crime No.38 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.38 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.A.Anandharaj For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 06.02.2025, seeking bail Page No.1 of 6
in Crime No.38 of 2025 registered for the offence under Sections 126(ii), 296(b), 115(2), 118(1), 351(1) and 109 of BNS. 2.It is the case of the prosecution that the petitioner along with the other accused went to the defacto complainant's shop and had snacks; that they refused to pay money and threatened the defacto complainant and ran away; that thereafter, while the defacto complainant retuning home, the accused waylaid him, abused in filthy language, assaulted him with knife and caused injuries. Hence, the case.
3.The learned counsel for the petitioner would submit that the allegations are false; that the injured has been discharged from the hospital and the petitioner is in custody from 06.02.2025 and hence further custody of the petitioner is not required and prayed for the grant of bail. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are two previous cases pending against the petitioner similar of nature and the injured has been discharged from the hospital.
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5.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.
6.Considering the nature of allegations, period of incarceration, the fact that the injured has been discharged from the hospital and the petitioner is on bail in all the cases and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions:
7.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 District Munsif cum Judicial Magistrate, Neyveli, 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; Page No.3 of 6
[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.
27.02.2025 ata Page No.4 of 6
Copy to:
1.The Inspector of Police, Neyveli Town Ship Police Station, Cuddalore District.
2.The District Munsif cum Judicial Magistrate, Neyveli. 3.The Superintendent of Prison, Central Prison, Cuddalore.
4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
ata Crl.O.P.No.5297 of 2025 27.02.2025 Page No.6 of 6