Sarath @ Sarath Kumar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sarath @ Sarath Kumar

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, R-3 Ashok Nagar Police Station, Chennai District.

(Crime No.56 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.56 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.T.I.Ramanathan 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 13.02.2025, seeking bail Page No.1 of 6

in Crime No.56 of 2025 registered for the offence under Sections 126(2), 296(b), 115(2), 118(1), 351(3) B.N.S read with Section 4 of TNPHW @ 75(1) of BNSS.

2.It is the case of the prosecution that the petitioner along with other accused abused the defacto complainant in filthy language and assaulted her with iron rod and caused injuries. Hence, the case. 3.The learned counsel for the petitioner would submit that the allegations are false; that due to previous enmity a false complaint has been given; and that in any case, considering the period of incarceration and the fact that the victim has been discharged from the hospital, he may be released on bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the injured has been discharged from the hospital and that five previous cases pending against the petitioner. Page No.2 of 6

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 and the fact that the injured has been discharged from the hospital and the petitioner is on bail all the previous 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 XVII Metropolitan Magistrate Court at Saidapet, 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 stay at Madurai and report before the Thallakulam Police Station, Madurai 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.

10.03.2025 rkp Page No.4 of 6

Copy to:

1.The Inspector of Police, R-3 Ashok Nagar Police Station, Chennai District.

2.The XVII Metropolitan Magistrate, Saidapet.

3. The Inspector of Police, Thallakulam Police Station, Madurai.

4.The Superintendent of Prison, Central Prison, Puzhal - II.

5.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

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