Ramu v. Iop, Vellore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.15807 of 2025 Ramu .. Petitioner/A1 Vs.

The Inspector of Police, Vellore North Police Station, (L & O), Vellore District.

(Cr.No.93/2025) .. Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, to enlarge the petitioner on bail in pending investigation Crime No.93 of 2025 on the file of the respondent Police.

For Petitioner : Mr.T.Balaji For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.04.2025, for the offence punishable under Sections 296(b), 115(2), 308(5), 351(3) of Bharatiya Nyaya Sanhita, 2023 in connection with Crime No.93 of 2025 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused, is alleged to have trespassed into the cashier room of the petrol bunk where the defacto complainant is working and demanded Rs.5000/-, Page No.1 of 4

and on refusal, the petitioner had abused him in filthy language and also kicked and threatened him with dire consequences. Hence the case.

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

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner had attacked the defacto complainant with hands and kicked and threatened him. However, no injury for the defacto complainant and the petitioner is having 30 previous cases against him. Hence, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

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 petitioner and the petitioner is ready to abide by any stringent condition, this Court is inclined to grant bail Page No.2 of 4

to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV. Vellore 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 petitioner shall report before the respondent Police daily at 10.30 a.m. for a period of three weeks and thereafter as and when required for further interrogation;

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

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

[e] 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, 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 Page No.3 of 4

M.NIRMAL KUMAR, J.

gv petitioner in accordance with law as if the aforementioned 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 [(2005)13 SCC 283]; [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

Note : 17.06.2025

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 No.IV, Vellore.

2.The Inspector of Police, Vellore North Police Station, (L & O), Vellore District. 3.The Superintendent, Central Prison, Vellore. 4.The Public Prosecutor, Madras High Court. Crl.O.P.No.15807 of 2025 Page No.4 of 4