Selvaraj v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Selvaraj ... Petitioner Vs.
The State represented by, The Inspector of Police, Kundadam Police Station, Tiruppur District.
(Crime No.57 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.57 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.P.Manoj Pandian 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, who was arrested and remanded to judicial custody on 27.02.2025, seeking bail in Crime No.57 of 2025 registered for the offence under Sections 109, 296(b) and 303(2) of BNS, 2023 [ Section 307, 294 and 379 of IPC]. 1/5
2. The case of the prosecution is that, there is a matrimonial dispute between the defacto complainant and his wife; that on the date of occurrence, defacto complainant while driving his two wheeler was hit by the four wheeler driven by petitioner, who is the father-in-law of the defacto complainant, as a result, defacto complainant sustained simple injuries. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the allegations are false and in any case, the petitioner is in custody from 27.02.2025 and since further custody is not required, the petitioner may be released on bail.
4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and produced the wound certificate, wherein the Doctor opined that the victim sustained simple injuries.
5. Considering the nature of allegations against the petitioner; the fact that the injuries are simple in nature; the period of incarceration; and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 2/5
6. 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 learned Judicial Magistrate, Dharapuram.
[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 3/5
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.
18.03.2025 Sma To
1. Judicial Magistrate, Dharapuram.
2. The Inspector of Police, Kundadam Police Station, Tiruppur District.
3. The Superintendent, Central Prison, Coimbatore.
4. The Public Prosecutor, High Court of Madras.
4/5
SUNDER MOHAN., J.
Sma 18.03.2025 5/5