Sarath @ Sarathkumar v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR CRL.O.P.No.15506 of 2025 Sarath @ Sarathkumar ... Petitioner/Accused

Versus

The State Rep by its The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

(Crime No. 1122 of 2024) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail, in Crime No.1122 of 2024, pending investigation on the file of the respondent Police. For Petitioner :

Mr.M.Saravanan For Respondent :

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

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 08.05.2025, seeking bail in Crime No.1122 of 2024 registered for the offence under Sections 296(b), 118(1), 109, 1/6

351(3) of BNS Act.

2.

The case of the prosecution is that due to previous enmity, the petitioner attacked the defacto complainant's son using iron rod. Hence, the case. 3.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He would further submit the petitioner is in custody from 08.05.2025 and in any case, further custody of the petitioner is not required and prayed for grant of bail to the petitioner.

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the grant of bail, reiterated the prosecution case and submitted that the injured has been discharged from the hospital.

5. Heard learned counsel on either side and perused the materials available on record.

6.

Considering the nature of allegations, period of incarceration, the fact that the injured has been discharged from the hospital and since further custody of 2/6

the petitioner is not required for the purpose of interrogation, this Court is inclined to grant bail to the petitioner with 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 sureties, each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town, 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 daily at 10.30 a.m., for a period of one week and thereafter, as and when required for 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 3/6

the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in 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.

21.05.2025 dpa/skr 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 XV Metropolitan Magistrate, George Town, Chennai

2. The Superintendent, Central Prison, Puzhal-II.

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3.The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

4.The Public Prosecutor, High Court, Madras.

N.SENTHILKUMAR , J.

dpa/skr 5/6

Crl.O.P.No.15506 of 2025 21.05.2025 6/6