Rahul v. State, Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2025

CORAM

THE HONOURABLE MRs.JUSTICE L.VICTORIA GOWRI Rahul ... Petitioner(s) /Accused Vs.

State represented by The Inspector of Police, K-8, Arumbakkam Nagar Police Station, Chennai.

... Respondent(s)/ Complainant Crime No.221 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.221 of 2025 on the file of the respondent police.

For petitioner(s) : Mr.Ilayaraja Kandasamy For Respondent(s) : M/s.J.R.Archana Government Advocate (Crl.Side) Page No.1 of 6

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 20.04.2025, seeking bail in Crime No.221 of 2025 registered for the offences under Sections 191(2), 191(3), 329(1), 296(b), 126(2), 115(2), 109, 351(3) of BNS, 2023 and Section 4 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.

2.The case of the prosecution is that due to previous enmity, the petitioner along with the other accused went to the defacto complainant's house, abused him in filthy language, threatened him of dire consequences by showing knife and assaulted him with hands and caused injuries. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the injured has not taken treatment in any hospital. He would further submit that the petitioner has been in custody Page No.2 of 6

from 20.04.2025. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for the grant of bail. 5.Heard both side learned counsel and perused the materials available on record.

6.Considering the nature of allegations, the period of incarceration, the fact that the defacto complainant has not taken treatment in any hospital 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, subject to the following conditions:

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) Page No.3 of 6

with two sureties, each for a like sum to the satisfaction of the V Metropolitan Magistrate, Egmore, 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., for a period of three months and thereafter, as and when required for investigation;

[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 Page No.4 of 6

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 ata/ep 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.

To

1. The Inspector of Police, K-8, Arumbakkam Nagar Police Station, Chennai.

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

3. V Metropolitan Magistrate, Egmore, Chennai

4. The Superintendent of Prison, Central Prison, Puzhal Page No.5 of 6

L.VICTORIA GOWRI, J.

ata 08.05.2025 Page No.6 of 6