Lakshmana Kanthan v. The State Rep By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR 1.Lakshmana Kanthan 2.Robert 3.Rajamoorthy 4.Amarnath 5.Hariharan ... Petitioners Vs.
State Rep. by The Inspector of Police, Kullanchavadi Police Station, Cuddalore District.
(Crime No.96 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, pending investigation in Crime No.96 of 2025, on the file of the respondent Police.
For Petitioners :
Mr.B.Ramar For Respondent :
Mr.V.J.Priyadarsana Government Advocate (Criminal Side)
O R D E R
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The petitioners, who were arrested and remanded to judicial custody on 28.04.2025, 30.04.2025 and 05.05.2025 respectively, for the offences punishable under Sections 115 (2), 118 (1), 191 (2), 191 (3), 296 (b), 329 (4), 351 (3) and 352 of BNS, r/w 3 of TNPPDL Act & 4 of TNPHW Act @ 109, 115 (2), 118 (1), 191 (2), 191 (3), 296 (b), 329 (4), 351 (3) and 352 of BNS r/w 67 of IT Act and 4 of TNPHW Act in Crime No.96 of 2025 on the file of the respondent police, seek bail.
2.The case of the prosecution is that due to wordy quarrel erupted between the petitioners and the defacto-complainant, they attacked each other with wooden log, due to which the defacto-complainant got injured. Hence the case.
3.The learned counsel for the petitioners would submit that the petitioners are innocent and they had been falsely implicated in this case. He would further submit that the petitioners are in custody from 28.04.2025, 30.04.2025 and 05.05.2025 respectively. Hence, he prayed for grant of bail to the petitioners.
4.The Learned Government Advocate (Criminal Side) appearing for the 2/6
respondent police reiterated the prosecution case and on instructions further submitted that the injured got discharged from the hospital. However, he opposed for granting bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, the submission made by the learned counsel appearing on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on conditions that:
i) The petitioners shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Kurinjipadi.
ii) The petitioners shall appear before the jurisdictional Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday at 5.30 p.m. until further orders; 3/6
iii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; iv) The petitioners shall make himself available for interrogation by a Police Officer as and when required;
v) The petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses;
vi) The petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
vii) On breach of any of the aforementioned conditions, the learned Magistrate is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283].
viii) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
21.05.2025 ep/ata Note :
1. Registry is directed to forthwith upload this 4/6
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 the official website of this Court will be watermarked and will also have a QR code.
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N.SENTHILKUMAR, J.
ep/ata To 1.The Inspector of Police, Kullanchavadi Police Station, Cuddalore District.
2.The District Munsif Cum Judicial Magistrate at Kurinjipadi. 3.The Superintendent, Central Prison, Cuddalore.
4.The Public Prosecutor, High Court of Madras. 21.05.2025 6/6