R.Vishvanathan v. State Rep By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2025
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI R.Vishvananathan ... Petitioner Vs.
The State represented by, The Inspector of Police, T-7, Avadi Tank Factory Police Station, Chennai - 600 062.
(Crime No.221 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.221 of 2025 on the file of the respondent Police.
For Petitioner : Mr.V.Bhagyaraj For Respondent : M/s.J.R.Archana Government Advocate (Crl.Side) 1/6
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 20.04.2025, for the alleged offence punishable under Sections 106(1) BNS altered into Section 105 of BNS Act, in Crime No.221 of 2025, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was the driver of the transport vehicle bearing Reg.No.TN22BE 6077 engaged in TGS Brothers Transport Company, wherein the deceased was working as Loadman and on 19.04.2025, when the defacto complainant's husband was loading bricks in the above said lorry, the petitioner reversed the lorry negligently and dashed the defacto complainant's husband, as a result of which, deceased sustained injuries and died. Hence, the complaint.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and is in judicial custody from 20.04.2025 and is ready to abide by any conditions that 2/6
may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was the driver of the transport vehicle bearing Reg.No.TN22BE 6077 engaged in TGS Brothers Transport Company, wherein the deceased was working as Loadman and on 19.04.2025, when the defacto complainant's husband was loading bricks in the above said lorry, the petitioner reversed the lorry negligently and dashed the defacto complainant's husband, as a result of which, deceased sustained injuries and died and thereby, he opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.
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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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur and on further conditions that:- [a] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three months and thereafter as and when required for interrogation.
[b] the petitioner shall not commit any offences of similar nature.
[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 Judicial 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].
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
08.05.2025 Sma/Anu 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 officialwebsite 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.
To 1.The Judicial Magistrate Court, Ambattur.
2. The Inspector of Police, T-7, Avadi Tank Factory Police Station, Chennai - 600 062.
3.The Superintendent, Central Prison-II, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI , J.
Sma/Anu 08.05.2025 6/6