Lokesh v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HON'BLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI Crl.O.P.No.16297 of 2025 Lokesh .. Petitioner/Accused 3 Vs.

The State rep by The Inspector of Police, Avadi Police Station, Tiruvallure District.

(Crime No.610 of 2024) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.610 of 2024 on the file of the respondent Police.

For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.L.Baskaran Government Advocate(Crl.Side) Page No.1 of 6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 30.04.2025 for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1), 125, 324(4), 311, 351(3) of BNS, r/w 4 of TNPWH Act, in Crime No.610 of 2024, seeks bail.

2.The case of the prosecution is that on 13.08.2024 at about 5.00 p.m., when the defacto complainant's son was in his house, the petitioner along with the other accused came and asked the defacto complainant's son to come out and demanded money, when he refused the same, the accused abused him in filthy language, threatened him of dire consequences and assaulted him with knife and caused injuries to him and also caused damages to the household articles to the tune of Rs.25,000/-. Hence, the case.

3.The learned counsel for the petitioner would submit that the allegations are false. He would further submit that the petitioner is in Page No.2 of 6

custody from 30.04.2025 and hence, further custody is not required. He would further submit that A2 was released on bail in Crl.M.P.No.5458 of 2024 dated 18.09.2024. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and sought for bail.

4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner has five previous cases and that the accused have caused damages to the household articles worth about Rs.25,000/-.

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

6.Considering the nature of allegations, the period of incarceration, the injured has been discharged from the hospital, the submission of the learned counsel for the petitioner 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: Page No.3 of 6

7.Accordingly, the petitioner is ordered to be released on bail on his 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 Judicial Magistrate Court No.II, Poonamallee, 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 everyday at 10.30 a.m., for a period of two months and thereafter, as and when required for investigation.

[c] the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the victim.

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner 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 Page No.4 of 6

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 [(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 ata/rkp 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.5 of 6

K. GOVINDARAJAN THILAKAVADI , J.

ata/rkp To 1.The Inspector of Police, Avadi Police Station, Tiruvallure District.

2.Central Prison, Puzhal - II, Chennai.

3.The Judicial Magistrate Court No.II, Poonamallee. 4.The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.16297 of 2025 28.05.2025 Page No.6 of 6