S.Chandru v. The State Rep, By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR S.Chandru ... Petitioner Vs.

State Rep. by The Inspector of Police, Kavarapettai Police Station, Thiruvallur District.

(Crime No.55 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, pending investigation in Crime No.55 of 2025, on the file of the respondent Police. For Petitioner :

Mr.R.Chakkaravarthy For Respondent :

Mr.V.J.Priyadarsana Government Advocate (Criminal Side)

O R D E R

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The petitioner/accused, who was arrested and remanded to judicial custody on 10.04.2025 for the alleged offences punishable under Sections 281, 125(a), 106, 336(2), 336(3), 340(2) and 318(4) of BNS in Crime No.55 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 09.03.2025, due to previous enmity, when the defacto complainant's brother and his wife were going in a two wheeler, the petitioner along with other accused drove in a rash and negligent manner and dashed against the two wheeler, wherein the defacto complainant's brother and his wife sustained injuries and later, the brother of the defacto complainant succumbed to the injuries. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the petitioner has been in judicial custody from 10.04.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate for the respondent submitted that due 2/6

to previous enmity, when the defacto complainant's brother and his wife were going in a two wheeler, the petitioner along with other accused drove in a rash and negligent manner and dashed against the two wheeler, wherein the defacto complainant's brother and his wife sustained injuries and later, the brother of the defacto complainant succumbed to the injuries. He also submitted that the injured has been discharged from the hospital. He further submitted that there are two previous cases against the petitioner. Thereby, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also considering that the injured has been discharged from the hospital, I am inclined to grant bail to the petitioner, subject to certain 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) with two 3/6

sureties, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Gummidipoondi 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 daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for the interrogation;

[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 P.K.Shaji vs. State of Kerala 4/6

[(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

22.05.2025 ep/ata 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.

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N.SENTHILKUMAR, J.

ep/ata To

1. The District Munsif Cum Judicial Magistrate Gummidipoondi, Thiruvallur District.

2.The Inspector of Police, Kavarapettai Police Station, Thiruvallur District.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras. 22.05.2025 6/6