Praveen 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 Crl.O.P.No.13593 of 2025 Praveen S/o. Pichai ... Petitioner / Accused-1 Vs.
The State represented by:
The Inspector of Police, J-3 Guindy Police Station, Chennai.
(Crime No.111 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.111 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. C. Jagan 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/accused, who was arrested and remanded to judicial custody on 31.03.2025, seeking bail in Crime No.111 of 2025 registered for the offences under Sections 126(2), 296(b), 118(1) and 351(3) of B.N.S.
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2. The case of the prosecution is that due to the property dispute, there was wordy quarrel between the defacto complainant and the accused persons; that the petitioner along with other accused abused the defacto complainant in filthy language, assaulted him using a wooden log on his head and eye, due to which, the latter sustained injury; and that the accused threatened the defacto complainant of dire consequences. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that he has been falsely implicated in this case; that there is a counter case filed against the defacto complainant in Cr. No.112 of 2025; that the petitioner is in custody from 31.03.2025; that 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, reiterated the prosecution case and submitted that the petitioner has 3 other previous cases, in which, he is on bail; that the injured was discharged from the hospital and confirmed that there is a counter case pending in Cr. No.112 of 2/5
2025.
5. Considering the aforesaid facts, nature of allegations, period of incarceration, the fact that the petitioner is on bail in previous cases, the injured was discharged from the hospital, there is a counter case pending against the defacto complainant 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.
6. 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 IX Metropolitan Magistrate, Saidapet, 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; 3/5
[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 mjs To
1. The IX Metropolitan Magistrate, Saidapet, Chennai . 2.The Inspector of Police, J-3 Guindy Police Station, Chennai.
3. The Superintendent of Police, Central Prison-II, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras. 4/5
SUNDER MOHAN., J.
mjs 29 .04.2025 5/5