Baskar v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Baskar

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, S.H.O Chidambaram Town Police Station, Cuddalore District.

(Crime No.131 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.131 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.S.Kasirajan 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 04.04.2025, seeking bail Page No.1 of 6

in Crime No.131 of 2025 registered for the offence under Sections 109, 118(1), 296(b) of BNS, 2023.

2.It is the case of the prosecution that the petitioner was running a vegetable shop and the defacto complainant was working under him; that the defacto complainant used to drink liquor and come to the shop; that the same was questioned by the petitioner; that on 03.04.2025 at about 5.00 p.m., the petitioner went to the defacto complainant's house, abused him in filthy language and stabbed him with knife on his legs and hip and caused grievous injuries to him. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent; that the petitioner has no bad antecedents; that the injured has been discharged from the hospital and that the petitioner is in custody from 04.04.2025 and hence, 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 confirmed the fact that the injured has been Page No.2 of 6

discharged from the hospital and submitted that the petitioner has no bad antecedents.

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

6.Considering the nature of allegations, the period of incarceration, the fact that the injured has been discharged from the hospital, the petitioner has no bad antecedents 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.

7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.II, Salem, 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.

24.04.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, S.H.O Chidambaram Town Police Station, Cuddalore District.

2.The Judicial Magistrate No.II, Salem.

3.The Superintendent of Prison, Central Prison, Cuddalore District. 4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 24.04.2025 Page No.6 of 6