Jaisurya v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Jaisurya ... Petitioner Vs.

The State represented by, The Inspector of Police, N-2, Kasimedu Police Station, Chennai.

(Crime No.177 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.177 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.M.Saravanan 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, who was arrested and remanded to judicial custody on 14.04.2025, seeking bail in Crime No.177 of 2025 registered for the offence under Sections 126(2), 296(b), 115(2), 118(1), 109, 351(3) of BNS Act.

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2. The case of the prosecution is that petitioner waylaid the defacto complainant and attacked him wife, as a result of which, defacto complainant sustained simple injuries. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that petitioner is in custody from 14.04.2025 and in any case, 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, submitted that, apart from this case, petitioner has other previous cases and in those cases, he is on bail. He further submitted that the injured has been discharged from the hospital.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

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6. Considering the nature of allegation; the period of incarceration; the fact that the petitioner is on bail in other cases; the fact that the injured has been discharged from the hospital and since further custody 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.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, George Town, Chennai 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;

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[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.

29.04.2025 Sma To

1. XVI Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police, N-2, Kasimedu Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal-II.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 29.04.2025 5/5