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Madras High CourtCRL OP/14836/2025disposed of

Kishore Kumar @ Kishore v. The State Of Tamil Nadu Rep.By Its The Inspector Of Police,

2025-05-09Honourable Mrs Justice L.Victoria Gowri7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

1. Kishore Kumar @Kishore

2. Balasubramani @Bala ... Petitioner(s) /Accused 5 & 6 Vs.

State represented by The Inspector of Police, M-4, Redhills Police Station, Thiruvallur.

... Respondent(s)/ Complainant Crime No.896 of 2023 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with SC.No.51 of 2024 on the file of the IV Additional District Judge, Thiruvallur, Ponneri, on the file of the respondent police.

For petitioner(s) : Mr.R.M.Gokulakrishnan For Respondent(s) : M/s.J.R.Archana Government Advocate (Crl.Side) Page No.1 of 7

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 08.04.2025, seeking bail in Crime No.896 of 2023 registered for the offences under Sections 120(b), 147, 148, 341, 302 and 149 of IPC.

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in SC.No.51 of 2024 on the file of the IV Additional District Judge, Thiruvallur, Ponneri. He further submitted that since the petitioner was in ill-health, he was unable to appear before the trial Court, and he was issued with the non-bailable warrant on 25.03.2025 and pursuant to the same, he was arrested on 08.04.2025. He also submitted that the petitioner will undertake that hereafter he will regularly appear before the trial court on all hearing dates and also stated that he is prepared to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioners. Page No.2 of 7

3. Learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the prosecution case.

4. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) and perused the materials available on record.

5. Considering the period of incarceration and also considering the undertaking given by the petitioners that they are ready to co-operate for speedy disposal of the trial, this Court is inclined to grant bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are 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 Page No.3 of 7

learned Judicial Magistrate Court II, Ponneri, 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 one month and thereafter, as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial;

[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 Page No.4 of 7

petitioners in accordance with law as if the conditions have been imposed and the petitioners 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. 09.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa 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.

Page No.5 of 7

To

1. The Inspector of Police, M-4, Redhills Police Station, Thiruvallur.

2. The Public Prosecutor, Madras High Court, Chennai.

3. Judicial Magistrate Court II, Ponneri.

4. The Superintendent of Prison, Central Prison, Puzhal L.VICTORIA GOWRI, J.

skr/dpa Page No.6 of 7

09.05.2025 Page No.7 of 7