S. Vasantha Kumar v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN

1. S.Vsantha Kumar

2. R.Ravikumar ... Petitioners Vs.

The State represented by, The Inspector of Police, M-6, Manali Police Station, Manali, Chennai - 600 068.

(Crime No.103 of 2025). ... Respondents PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.103 of 2025, pending investigation on the file of the respondent Police. For Petitioners : Mr.M.Prema Sudha 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 04.03.2025, seeking bail in Crime No.103 of 2025 registered for the offence under Sections 296(b), 351(3) of BNS Act and Section 3 of TNPPDL Act.

2. The case of the prosecution is that, due to previous enmity, 1/5

petitioners waylaid the defacto complainant, abused him in filthy language and also damaged his auto, lorry and car and thereby caused a loss to the tune of Rs.50,000/-. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the allegations are false and in any case the petitioners are in custody from 04.03.2025; that the co-accused was enlarged on bail by this Court and that further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and confirmed the fact that the co-accused was enlarged on bail by this Court.

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.

6. Considering the nature of allegations; the fact that co-accused was 2/5

enlarged on bail; 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 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 Judicial Magistrate, Thiruvottiyur 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 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; [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 3/5

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.

21.03.2025 Sma To

1. Judicial Magistrate, Thiruvottiyur.

2.The Inspector of Police, M-6, Manali Police Station, Manali, Chennai - 600 068.

3. The Superintendent, Central Prison Puzhal.

4. The Public Prosecutor, High Court of Madras.

4/5

SUNDER MOHAN., J.

Sma 21.03.2025 5/5