Ganesh @ X Ganesh v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Ganesh @ X Ganesh

...Petitioner/Accused 3

Vs.

State rep by The Sub Inspector of Police, Sathuvachari Police Station, Vellore District.

(Crime No.20 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.20 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.G.Nirmal Kirshnan 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 19.01.2025, seeking bail in Crime No.20 of 2025 registered for the offence under Sections 115(2), 296(b), 326(g), 351(2) of BNS, 2023 r/w Section 4 of TNPPDL Act @ Page No.1 of 6

115(2), 190, 191(2), 191(3), 296(b), 326(g), 351(2), 61(2) of BNS r/w Section 4 of TNPPDL Act.

2.It is the case of the prosecution that the defacto complainant conducted uriyadi competition on the Pongal festival in his village; that the petitioner along with the other accused, under the influence of alcohol, damaged the uriyadi pot and picked up wordy quarrel; that when the defacto complainant questioned the same, the accused went to the defacto complainant's house, abused him in filthy language, assaulted him and had thrown petrol bomb at his house and caused damages to the household articles of the defacto complainant. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and further submitted that the similarly placed co-accused was granted bail by this Court in Crl.O.P. No.5848 of 2025 dated 03.03.2025 and that the petitioner is in custody from 19.01.2025 and hence, further custody of the petitioner is not required, he sought for grant of bail. Page No.2 of 6

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are five previous cases pending against the petitioner.

5. Considering the nature of allegations, period of incarceration and the fact that the petitioner is on bail in the other cases and that the similarly placed co-accused was granted bail by this Court in Crl.O.P. No.5848 of 2025 dated 03.03.2025 and since further custody of the petitioner is not required for the purpose of interrogation, this Court is inclined to grant bail to the petitioner with certain conditions.

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 Judicial Magistrate - V, Vellore, 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 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 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.

07.04.2025 rkp Page No.4 of 6

Copy to:

1.The Sub Inspector of Police, Sathuvachari Police Station, Vellore District.

2.The Judicial Magistrate - V, Vellore.

3.Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

rkp 07.04.2025 Page No.6 of 6