Yazar Arafath v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Yazar Arafath ... Petitioner/ Accused Vs.
State rep. by The Inspector of Police, Velankanni Police Station, Nagapattinam District.
Crime No. 194 of 2025.
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.194 of 2025 pending on the file of the Respondent police. For Petitioner :
Mr.M.Ponmudi For Respondent :
Mr.L.Baskaran Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 07.05.2025, for the offence punishable under Sections 126(2), 296(b), 308(5) & 351(3) of BNS read with Section 25(1)(a) in connection with Crime No.194 of 2025, registered on the file of the respondent, seeks bail. 1/6
2. The case of the prosecution is that the petitioner waylaid the defacto complainant, demanded money and scolded him in filthy language and also threatened him with dire consequences. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is no way connected with the alleged offence, however, he is suffering incarceration from 07.05.2025. 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, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner has no previous cases.
5. Heard both sides and perused the materials available on record. 2/6
6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, 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 learned District Munsif Cum Judicial Magistrate, Kizhvellur, 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 as and when required for interrogation;
[c] the petitioner shall make himself 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, he shall comply to the directions as may be given by the Court in this regard; 3/6
[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 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.
04.06.2025 ep To
1. District Munsif Cum Judicial Magistrate, Kizhvellur.
2. The Inspector of Police, Velankanni Police Station, Nagapattinam District.
3. The Superintendent, Nagapattinam Prison.
4. The Public Prosecutor, High Court of Madras.
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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.
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M.NIRMAL KUMAR, J.
ep 04.06.2025 6/6