Ramakrishnan @ Ramu v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 17.03.2025 PRONOUNCED ON : 20.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Ramakrishnan @ Ramu ... Petitioner/Accused Vs.
The State represented by, The Inspector of Police, Thiruvennainallur Police Station, Villupuram District.
(Crime No.955 of 2024).
... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.955 of 2024, pending investigation on the file of the respondent police.
For Petitioner : Mr.K.A.Ashvathaman 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 petitioner/Accused, who was arrested and remanded to judicial custody 1/6
on 21.02.2025, seeking bail in Crime No.955 of 2024 registered for the offences under Sections 126(1), 296(b), 132, 133 and 351(2) of BNS (u/s. 339, 294(b), 353, 355 and 506(ii) of IPC).
2. The case of the prosecution is that on 03.12.2024, while the Minister of Forests, District Collector, Superintendent of Police and other government officials inspected the affected areas of Iruvelpattu Village due to Fengal Cyclone, the petitioner along with co-accused abused them in filthy language, threw mud on them and prevented them from doing their public duties and thus, committed the aforesaid offences.
3. The learned counsel appearing for the petitioner would submit that the alleged occurrence took place on 03.12.2024 and the petitioner was arrested on 21.02.2025 and is still in custody; that the further custody of the petitioner is not required, considering the nature of allegations against him, and prayed for bail.
4. The learned Government Advocate (Crl.Side) appearing for the 2/6
respondent police reiterated the prosecution case and submitted that the the petitioner is habitually involved in such offences and in fact when the petitioner was arrested, he managed another protest and considering his conduct, submitted that if he is released on bail, he will indulge in similar activities and prayed for dismissal of this petition.
5. The allegation against the petitioner as projected by the prosecution that he abused the Minister and other officials in filthy language and threw mud on them, is serious in nature. However, further custody of the petitioner may not be required for the purpose of investigation. It is needless to say that if the petitioner indulges in similar offences, the respondent may take action in accordance with law.
6. Therefore, considering the aforesaid facts and the period of incarceration, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation and is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on 3/6
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, Thiruvennainallur 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 daily 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.
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20.03.2025 ars 5/6
SUNDER MOHAN., J.
ars To
1. The District Munsif cum Judicial Magistrate, Thiruvennainallur.
2. The Inspector of Police, Thiruvennainallur Police Station, Villupuram District.
3. The Superintendent, Central Prison, Salem.
4. The Public Prosecutor, High Court of Madras.
Pre-delivery order in 20.03.2025 6/6