R.Manoj v. State Rep 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 Crl.O.P.No.16242 of 2025 R.Manoj .. Petitioner/Accused Vs.

The State rep by The Inspector of Police, C-2, Elephant Gate Police Station, Chennai.

(Crime No.241 of 2025) .. 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.241 of 2025 on the file of the respondent Police.

For Petitioner : Mr.K.Kamal 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 07.05.2025 for the offences punishable under Sections 126(2), 296(b), 18(1), 109(1), 351(3) of BNS, 2023 and Section 4 of TNPHW Act, in Crime No.241 of 2025, seeks bail.

2.The case of the prosecution is that the petitioner and the defacto complainant are husband and wife; that due to matrimonial differences, they got separated and the defacto complainant and her child are living in her parents house; that the petitioner came to his mother-in-law's house, abused the defacto complainant in filthy language, threatened her of dire consequences and attacked her with knife on her head and caused injuries. 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 custody from 07.05.2025 and hence, further custody is not required. He Page No.2 of 6

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 though the injured has been discharged from the hospital, the injuries sustained by her was grievous in nature.

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 VIII 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 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, C-2, Elephant Gate Police Station, Chennai.

2.Central Prison, Puzhal, Chennai.

3.The VIII Metropolitan Magistrate, George Town, Chennai. 4.The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.16242 of 2025 28.05.2025 Page No.6 of 6