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Madras High CourtCRL OP/12261/2025granted

Ravikumar v. The State Rep By Inspector Of Police

2025-04-23Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12261 of 2025 Ravikumar S/o. Ethiraj ... Petitioner / Accused Vs.

The State represented by:

The Inspector of Police, Nagapattinam Town Police Station, Nagapattinam District.

(Crime No.120 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.120 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. J. Jawahar 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/accused, who was arrested and remanded to judicial custody on 18.03.2025, seeking bail in Crime No.208 of 2025 registered for the offences under Sections 296(b) and 351(3) of B.N.S. and Section 25(1-A) of Indian Arms Act. 1/5

2. The case of the prosecution is that the petitioner, who is an auto driver, abused the defcto complainant in filthy language and threatened him of dire consequences by using a weapon. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that he has been falsely implicated in this case; that the petitioner is in custody from 18.03.2025; and that further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner has one other previous case, in which, he is on bail.

5. Considering the aforesaid facts, nature of allegations, period of incarceration, the petitioner is on bail in other previous case and that since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 2/5

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.I, Nagapattinam 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 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.

23.04.2025 mjs To

1. The Judicial Magistrate No.I, Nagapattinam. 2.The Inspector of Police, Nagapattinam Town Police Station, Nagapattinam District.

3. The District Jail, Nagapattinam.

4. The Public Prosecutor, High Court of Madras.

4/5

SUNDER MOHAN., J.

mjs Crl.O.P.No.12261 of 2025 23 .04.2025 5/5