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Madras High CourtCRL OP/13024/2025granted

M.Uvaraj v. The State Represented By,

2025-05-08Honourable Mrs Justice L.Victoria Gowri6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.O.P.No.13024 of 2025 M.Uvaraj ... Petitioner

Versus

The State Rep by its The Inspector of Police, R-4 Soundarapandiyanar Angady Police Station, Chennai.

(Crime No. 67 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.67 of 2025, pending investigation on the file of the respondent Police. For Petitioner :

Mr.S.Vedavalli For Respondent :

M/s.J.R.Archana Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 01.04.2025, seeking bail in Crime 1/6

No.67 of 2025 registered for the offence under Sections 296(b), 132, 118(2), 109(1) of BNS 2023.

2.

The case of the prosecution is that while the defacto complainant was conducting a regular vehicle check, the petitioner drove the vehicle in a rash and negligent manner and dashed against him.

3.

The Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He would further submitted that the petitioner is in custody from 01.04.2025 and in any case, further custody of the petitioner is not required and prayed that the petitioner may be released on bail.

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police, reiterated the prosecution case and submitted that the injured has been discharged from the hospital.

5. Heard both sides and perused the materials available on record. 2/6

6.

Considering the submissions made by the learned counsel on either side, the period of incarceration undergone by the petitioner, the fact that the injured has been discharged from the hospital, and all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions. 7.

Accordingly, the petitioner is ordered to be released on bail on executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XVII Metropolitan Magistrate, Saidapet, 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., for a period of 30 days and thereafter as and when required for interrogation.

[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 3/6

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.

08.05.2025 dpa/skr Note:

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this court will be watermarked and will also have a QR code. 4/6

To 1.The Inspector of Police, R-4 Soundarapandiyanar Angady Police Station, Chennai.

2.The learned XVII Metropolitan Magistrate, Saidapet 3.The Superintendent of Prison, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

5/6

L.VICTORIA GOWRI, J.

dpa/skr 08.05.2025 6/6