Nethaji v. State By Its Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.05.2025

CORAM

THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI 1.Nethaji

2. Sabhari 3.Manikandan 4.Mohan @ Mohanraj ... Petitioners/A1, A2, A5 & A6 Vs.

The State represented by, The Inspector of Police, Kanchi Taluk Police Station, Kanchi Taluk, Kanchipuram District.

(Crime No.221 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioners on bail, in Crime No.221 of 2025 on the file of the respondent Police.

For Petitioners : Mr.K.G.Senthil Kumar For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side) 1/6

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 19.05.2025, for the alleged offence punishable under Sections 191(2), 191(3), 296(b), 115(2), 109 and 351(3) of BNS in Crime No.221 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, petitioners along with other accused assaulted the defacto complainant using knife, as a result of which, he sustained injuries. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners were arrested and they are in judicial custody from 19.05.2025 and are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

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4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioners.

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 petitioners, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kanchipuram, 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;

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(b) the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only)jointly to the credit of Advocate Clerk Association, Kancheepuram; [c] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two months and thereafter as and when required for interrogation;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial; [f] 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

28.05.2025 Sma 4/6

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.Judicial Magistrate, No.II, Kanchipuram, Kanchipuram District.

2. The Inspector of Police, Kanchi Taluk Police Station, Kanchi Taluk, Kanchipuram District.

3.The Superintendent, Central Prison, Vellore 4.The Public Prosecutor, High Court of Madras.

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K. GOVINDARAJAN THILAKAVADI , J.

Sma 28.05.2025 6/6