Bazith @ Mohammed Bazith v. The State Of Tamil Nadu Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Bazith @ Mohammed Bazith ... Petitioner(s) /Accused-1 Vs.
State of Tamil Nadu, Rep. by Inspector of Police, Kuniyamuthur Police Station, Coimbatore City, Coimbatore District. ... Respondent(s)/ Complainant Crime No.97 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail pending investigation in Crime No.97 of 2025, on the file of the respondent police.
For petitioner(s) : Mr.C.S.Saravanan For Respondent(s) : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) Page No.1 of 8
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 05.04.2025, seeking bail in Crime No.97 of 2025, registered for the offences under Sections 115(2), 118(1), 140(4), 191(3), 296(b), 353(3) of BNS (Sections 323, 324, 367, 148, 294(b) and 505 of IPC).
2. The case of the prosecution is that on account of prior enmity, the petitioner along with other accused attacked the defacto complainant with wooden stick and abused him in filthy language.
3. The learned counsel appearing for the petitioner submitted that the allegations are false; that no injuries were sustained by the defacto complainant; and that in any case, further custody of the petitioner is not required and prayed for the grant of bail to the petitioner. Page No.2 of 8
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the petitioner has no bad antecedents.
5. Considering the nature of allegations, the fact that the defacto complainant was treated as an out patient, and since further custody of the petitioner is not required, 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 learned Judicial Magistrate Court No.VII, Coimbatore, 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, Page No.3 of 8
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.
22.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No Page No.4 of 8
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To
1. Inspector of Police, Kuniyamuthur Police Station, Coimbatore City, Coimbatore District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Learned Judicial Magistrate Court No.VII, Coimbatore,
4. The Superintendent of Prison, Central Prison, Coimbatore.
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SUNDER MOHAN, J.
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