Suresh v. State Rep.By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Suresh ... Petitioner(s) /Accused Vs.
State represented by the Inspector of Police, Jedarpalayam Police Station, Namakkal District.
... Respondent(s)/ Complainant Crime No.44 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.44 of 2025 on the file of the respondent police.
For petitioner(s) : Mr.W.Camyles Gandhi For Respondent(s) : Mr.V.J.Priyadarsana Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 26.04.2025, seeking bail in Crime No.44 of 2025 registered for the offences under Sections 296(b), 121(1) and 109 of BNS.
Page No.1 of 6
2. The case of the prosecution is that, due to wordy quarrel, the petitioner attacked the defacto complainant, causing the defacto complainant to sustain major injuries, and also abused him in filthy language. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the allegations are false and that in any case, further custody of the petitioner is not required for the purpose of investigation and sought for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the injured has been discharged from the hospital.
5. Heard learned counsel on either side and perused the materials available on record.
Page No.2 of 6
6. Considering the nature of allegations, the period of incarceration, the fact that the injured has been discharged from the hospital, and since further custody of the petitioner is not required for the purpose of investigation, 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 Judicial Magistrate, Paramathi, 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 jurisdictional Judicial Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either Page No.3 of 6
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 petitioners in accordance with law as if the 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)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
21.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa 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.
Page No.4 of 6
To
1. Judicial Magistrate, Paramathi
2. The Superintendent of Prison, Central Prison, Salem.
3. Inspector of Police, Jedarpalayam Police Station, Namakkal District.
4. The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 6
N.SENTHILKUMAR, J.
skr/dpa 21.05.2025 Page No.6 of 6