Naveen Kumar v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR 1.Naveen Kumar 2.Thirumalai @ Tiruvenkumar 3.Pramith Salthanha 4.Naveen .. petitioners Vs.

State Rep By:

The Inspector of Police, Palacode Police Station, Dharmapuri District.

(Cr.No.113/2025) .. Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, to enlarge the petitioners on bail in pending investigation Crime No.113 of 2025 on the file of the respondent Police.

For petitioners : Mr.P.Saravanan For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 24.04.2025, for the offence punishable under Sections 61(2), 140(2) of Page No.1 of 4

Bharatiya Nyaya Sanhita, 2023 in connection with Crime No.113 of 2025 on the file of the respondent, seek bail.

2. The case of the prosecution is that the petitioners are alleged to have hit the defacto complainant in a car and also attempted to abduct him. Hence the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons. He also submitted that the petitioners are in no way connected with the alleged offence. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the defacto complainant is doing finance business. On 20.04.2025, when the defacto complainant is proceeding in his two wheeler, the accused came in a car and hit the complainant's vehicle and also attempted to abduct him and on his screaming, public came there and they fled away from the scene of occurrence. Hence, he strongly opposed to grant bail to the petitioners.

5. Heard both sides and perused the materials available on record. Page No.2 of 4

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioners and the petitioners are ready to abide by any stringent condition, 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 his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Palacode, Dharmapuri District and on further conditions that:

[a]the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b]the petitioners shall report before the respondent Police daily at 10.30 a.m. for a period of three weeks; thereafter as and when required for further interrogation;

[c]the petitioners shall make herself available for interrogation by a Police Officer as and when required;

[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioners to give an undertaking that if required for being Page No.3 of 4

M.NIRMAL KUMAR, J.

gv identified by witnesses during investigation or for police custody beyond the first fifteen days, they shall comply to the directions as may be given by the Court in this regard;

[f]On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283]; [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

17.06.2025 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 the official website of this Court will be watermarked and will also have a QR code.

To:

1.The Judicial Magistrate Court, Palacode, Dharmapuri District. 2.The Inspector of Police, Palacode Police Station, Dharumapuri District.

3.The Superintendent, Central Prison, Salem 4.The Public Prosecutor, Madras High Court. Crl.O.P.No.15020 of 2025 Page No.4 of 4