Appu @ Umamageshwaran v. State By, The Sub Inspector Of Police

CRL OP NO. 16760 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP NO. 16760 of 2025 Appu @ Umamageshwaran S/o. Ramachandran, No.135, Alamara Street, Sadhuperi, Vellore District.

Petitioner(s) Vs State By, The Sub Inspector of Police Ariyoor Police Station, Vellore District, Crime No.76 of 2025Vellore Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/Accused on bail in Crime No.76 of 2025 pending on the file of the Respondent police. For Petitioner(s): S.Silambuselvan S.A. Palaninathan A. Mir Hassan Abbas Y. Mohammed Ali A. Suganya For Respondent(s): Mr.L.Baskaran Government Advocate

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.05.2025, for the offence punishable under Sections 296(b), 115(2), 118(1) & 351(3) of BNS Act 2023 @ 296(b), 118(1), 109 & 351 (3) of BNS 2023, in connection with Crime No.76 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that due to wordy quarrel between the petitioner and the defacto complainant, the petitioner along with other accused is said to have assaulted the defacto complainant and abused him in filthy language and thereby caused injury to the defacto complainant. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he is ready to abide by any condition imposed by this court and prayed for anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, submitted that injured has been discharged from the hospital and that the petitioner has eight previous cases pending against him. He further submitted that A3 was granted bail in this case.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioner, nature of the allegations and the fact that the injured has been discharged from the hospital, this Court is inclined to grant bail to the

petitioner on certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing separate 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 Judicial Magistrate-I, 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 appear before the respondent police daily at 10.30 a.m, for a period of three weeks and thereafter as and when required for interrogation except on those hearings during which he is required to appear before the trial court in another case by filing appropriate petition through his counsel;

[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;

[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 of B.N.S.

13-06-2025 To

1. State By, The Sub Inspector of Police Ariyoor Police Station, Vellore District, Crime No.76 of 2025 Vellore

2. The Judicial Magistrate-I, Vellore

3. The Superintendent, Central Prison, Vellore.

4. The Public Prosecutor High Court, Madras.

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 the official website of this Court will be watermarked and will also have a QR code.

M. NIRMAL KUMAR.,J gv

CRL OP NO. 16760 of 2025 13.06.2025