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Madras High CourtCRL OP/10485/2025granted

Venkatesan v. State By The Inspector Of Police

2025-04-08Honourable Mr.Justice Sunder Mohan6 pages

SUNDER MOHAN.

J., This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.

2. The learned counsel appearing for the petitioner submitted that on 08.04.2025, this Court had granted bail to petitioner herein in Crl.O.P.No.10485 of 2025. However, in the order, in para no.8, the crime number has been wrongly mentioned as Crime No.122 of 2025 instead of 112 of 2025. Thus, he prayed for suitable directions.

3. Considering the submissions made by the learned counsel for the petitioner, Registry is directed to issue order copy afresh forthwith, by correcting the Crime Number in paragraph No.8 of the order as follows:

"8.Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.112 of 2025....". 09.04.2025 Issue order copy by 09.04.2025.

Upload order copy forthwith drl

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Venkatesan

...Petitioner/Accused 1

Vs.

State rep by The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.

(Crime No.112 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.112 of 2025 on the file of the respondent police. For Petitioner :

Mr.P.M.Jayachandran 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 26.03.2025, seeking bail in Crime No.112 of 2025 registered for the offence under Sections 296(b), 115(2), 351(2) of BNS, 2023 r/w 3 of TNPPDL Act.

2.It is the case of the prosecution that on 24.03.2025, the petitioner had drove a twowheeler in a rash and negligent manner and dashed against the defacto complainant's car; that when the same was questioned by the defacto complainant; the petitioner along with the other accused had abused the defacto complainant in filthy language, assaulted him and also caused damage to the car and the watchman room. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent; and that the petitioner is in custody from 26.03.2025 and that in any case, further custody of the petitioner is not required and sought for bail. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the value of the damages is Rs.75,000/-. 5.At this juncture, the learned counsel for the petitioner voluntarily submitted that the petitioner, in order to show his bonafide, is ready and willing to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.112 of 2025 without prejudice to his defence.

6.Heard the learned counsel on either side and perused the materials available on record.

7.Considering the nature of allegations, period of incarceration, the submission that the petitioner is willing to deposit an amount of Rs.10,000/- to the credit of Crime No.112 of 2025 and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- [Rupees Ten Thousand Only] to the credit of Crime No.122 of 2025 before the trial Court, on such deposit and production of proof, 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 No.II, Krishnagiri, 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, 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.

08.04.2025 ata Copy to:

1.The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.

2.The Judicial Magistrate No.II, Krishnagiri. 3.Sub Jail, Krishnagiri.

4.The Public Prosecutor, High Court, Madras. SUNDER MOHAN, J.

ata 08.04.2025