Baba Farkudeen Baba Rajaram v. State Of Tamil Nadu Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.9783 of 2025 Baba Farkudeen Baba Rajaram ... Petitioner/Accused Vs.

The State represented byThe Inspector of Police, Veerapandi Police Station, Tiruppur.

(Crime No.110 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.110 of 2025 pending investigation on the file of the respondent Police. For Petitioner : Mr.A.Saranraj 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 12.02.2025, seeking bail in Crime No.110 of 2025 registered for the offence under Section 132 of BNS and Section 4 of TNPHW Act.

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2. The case of the prosecution is that the petitioner sought for information from the defacto complainant who was working in Juvenile Justice Board and abused her in filthy language and prevented the other Government Servants from exercising duty and thus committed the aforesaid offence. 3.Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that in any case, the petitioner is in judicial custody from 12.02.2025 and since further custody of the petitioner is not required and he may be released on bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for grant of bail to the petitioner and further submitted the petitioner has four previous cases.

5. Considering the nature of allegation against the petitioner and that the petitioner is on bail in the other previous cases 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. Hence, this Court is inclined to grant bail to the petitioner with certain conditions:

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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 No.IV, Tiruppur.

[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 appear 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];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

02.04.2025 rkp To 1.The Judicial Magistrate No.IV, Tiruppur.

2.The Inspector of Police, Veerapandi Police Station, Tiruppur.

3. The Superintendent,Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

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