Balamurugan v. State Rep.By, The Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.O.P.No.13582 of 2025 1.Balamurugan 2.Praveen Kumar ... Petitioners
Versus
The State Rep by its The Inspector of Police, Steel Plant Police Station, Salem District.
(Crime No. 112 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.112 of 2025, pending investigation on the file of the respondent Police. For Petitioner :
Mr.W.Camyles Gandhi For Respondent :
M/s.J.R.Archana Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioners, who were 1/6
arrested and remanded to judicial custody on 10.04.2025, seeking bail in Crime No.112 of 2025 registered for the offence under Sections 191(2), 126(2), 296(2), 115(2), 118(1) & 109 of BNS.
2.
The case of the prosecution is that the petitioners waylaid the defacto complainant, attacked him using hands and legs, and abused him in filthy language. Hence, the case.
3.
The Learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the petitioners are in custody from 10.04.2025. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court. Hence, he prays for grant of bail to the petitioners.
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.
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5. Heard both sides and perused the materials available on record including the First Information Report.
6.
Considering the submissions made by the learned counsel on either side, the period of incarceration undergone by the petitioners, the fact that the injured has been discharged from the hospital, and all others factors, I am inclined to grant bail to the petitioners, subject to certain conditions. 7.
Accordingly, the petitioners are 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 Judicial Magistrate-I, 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;
[b] the petitioners 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 petitioners shall not abscond either during investigation or trial; 3/6
[d] the petitioners 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.
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 The Inspector of Police, Steel Plant Police Station, Salem District.
2.The learned Judicial Magistrate-I, Salem 3.The Superintendent of Prison, Central Prison, Salem.
4.The Public Prosecutor, High Court, Madras.
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L.VICTORIA GOWRI, J.
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