Sanjay Raja v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sanjay Raja
...Petitioner/Accused
Vs.
State rep by The Inspector of Police, Thodamuthur Police Station, Coimbatore District.
(Crime No.18 of 2023) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.18 of 2023 pending investigation on the file of the respondent police. For Petitioner :
Mr.D.Balaji 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 on PT warrant and remanded to judicial custody on Page No.1 of 6
08.05.2023, seeking bail in Crime No.18 of 2023 registered for the offence under Sections 294(b), 147, 148, 324 and 307 of IPC. 2.It is the case of the prosecution that there was a property dispute between the petitioner and the defacto complainant; that on 01.02.2023 at about 9.00 a.m., while the defacto complainant and others went to the property and fencing the same, the petitioner along with the other accused came there, raised objection and picked up quarrel with him; that due to which, the accused had abused him in filthy language, assaulted him with knife and caused injuries. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent; that the injured was discharged from the hospital; and that the petitioner is in custody from 08.05.2023 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 submitted that the injured has been discharged from the hospital and that there are 10 previous cases pending against the petitioner and he is on bail in those cases.
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5.Heard the learned counsel on either side and perused the materials available on record.
6.Considering the nature of allegations, period of incarceration, the fact that the injured was discharged from the hospital, the petitioner is on bail in the previous cases, 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.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.6, Coimbatore, Coimbatore District, 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.
29.04.2025 ata Page No.4 of 6
Copy to:
1.The Inspector of Police, Thodamuthur Police Station, Coimbatore District.
2.The Judicial Magistrate No.6, Coimbatore, Coimbatore District. 3.The Superintendent of Prison, Central Prison, Coimbatore. 3.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
ata 29.04.2025 Page No.6 of 6