Sugankumar v. The State Rep.By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2025

CORAM

THE HONOURABLE MR.JUSTICE VICTORIA GOWRI

1. Sugankumar

2. Ramkumar

3. Krishnamoorthy ... Petitioner(s) /Accused - 1, 3 & 4 Vs.

State represented by The Inspector of Police, Manimangalam Police Station, Kanchipuram District.

... Respondent(s)/ Complainant Crime No.112 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.112 of 2025 on the file of the respondent police.

For petitioner(s) : Mr.D.Magesh For Respondent(s) : M/s.J.R.Archana Page No.1 of 7

Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 28.03.2025, seeking bail in Crime No.112 of 2025 registered for the offences under Sections 109(1), 115(2), 296(b) and 351(3) of BNS, 2023 (under Sections 294(b), 323, 307, 506(2) of IPC).

2. The case of the prosecution is that, due to previous enmity, the petitioner, along with the other accused, abused the defacto complainant in filthy language, threatened him with dire consequences, and assaulted him with a knife, thereby causing injuries. Hence, the present case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the injured has been discharged from the hospital and that the petitioner is in custody from 28.03.2025. He would further submit that the petitioner is ready to abide by any stringent condition that Page No.2 of 7

may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner has no bad antecedents.

5. Heard both side learned counsel 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, subject to the following condition

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) Page No.3 of 7

with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumbudur, 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month 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 Page No.4 of 7

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. 08.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa 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.

Page No.5 of 7

VICTORIA GOWRI, J.

skr/dpa To

1. Judicial Magistrate, Sriperumbudur

2. The Public Prosecutor, Madras High Court, Chennai.

3. The Inspector of Police, Manimangalam Police Station, Kanchipuram District.

4. The Superintendent of Prison, Central Prison, Puzhal Page No.6 of 7

08.05.2025 Page No.7 of 7