Bhagavathi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Bhagavathi S/o Sureshj No.1/946, Jana Sakthi Nagar, Palavanjipalayam, Veerapandi, Tiruppur District.

Petitioner Vs state rep by The Inspector of Police, Veerapandi police Station, Tiruppur District.

Crime No.258 of 2025 Respondent PRAYER To enlarge the petitioner on bail pending investigation in Crime No.258 of 2025 on the file of the respondent police and thus render justice For Petitioner:

Mr.C.S. Saravanan For Respondent:

Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl.side)

ORDER

Petition seeking bail in respect of Crime No.258 of 2025 registered for the alleged offences punishable under Sections 25(1)(a) of Arms Act, 126(2), 191(2), 191(3), 296(b), 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023 (341, 147, 148, 294(b), 506(ii) IPC), is on board for consideration. 2.The case of the prosecution is that the petitioner along with other accused assaulted the defacto complainant, suspecting him of being an informant regarding narcotic contraband to the police. Co-accused, A3 and A6 are alleged to have been involved in selling drugs and theft case. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution; that the petitioner has been arrested and remanded to judicial custody on 01.05.2025. He further submitted that the petitioner is ready to abide by any stringent conditions that

may be imposed by this Court and ready to co-operate for the investigation and prayed for bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instruction submitted that there are totally 6 accused in this case and the petitioner herein is arrayed as A4. He further submitted that there is no previous case pending against the petitioner and the investigation is pending and opposed the bail to the petitioner. 5.Taking into consideration the facts and circumstances of the case, the nature of allegation against the petitioner, the submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail with the following conditions:

(1) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tiruppur.

(2) The petitioner shall report before the respondent police daily at 10:30 a.m., for a period of 30 days and thereafter as and when required for interrogation;

(3) 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 Metropolitan Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

(4) The petitioner shall make himself available for interrogation by a Police Officer as and when required;

(5) The petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses;

(6) The petitioner 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;

(7) On breach of any of the aforementioned conditions, the learned Metropolitan Magistrate is entitled to pass appropriate orders against the petitioner 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].

(8) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

14.05.2025 gbi/jai

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 Judicial Magistrate No.IV, Tiruppur.

2. The Inspector of Police, Veerapandi police Station, Tiruppur District.

Crime No.258 of 2025

3. The Superintendent, District Jail, Tiruppur.

4. The Public Prosecutor, High Court of Madras.

M. NIRMAL KUMAR, J.

gbi/jai Crl.O.P. No.15006 of 2025 14.05.2025