Babu @ Kamaraj v. The State Rep By Its , The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Babu @ Kamaraj ... Petitioner/A4 Vs.

State, rep. by the Inspector of Police, Kalambur P Police Station, Thiruvannamalai District.

(Crime No.19 of 2005) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with PRC No.36 of 2014 in Crime No.19 of 2005. For Petitioner :

Mr.K.Sathish Kumar 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 19.05.2025, seeks bail in P.R.C.No.36 of 2014 for the offence punishable under Sections 489(B), 439(C) read with Section 201 of IPC in connection 1/6

with Crime No.19 of 2005, registered on the file of the respondent.

2. In continuation to the order passed by this Court on 30.06.2025, it is seen that, now P.R.C.No.19 of 2005, the mother case has been committed to the Court of Sessions and the petitioner undertook to cooperate with the trial. Now, S.C.No.41 of 2025 is pending trial before the Assistant Sessions Judge, Tiruvannamalai and only one witness was examined.

3. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. The Court directs the Principal Sessions Judge, Tiruvannamalai to take the case on file and to withdraw the S.C.No.41 of 2025 from the Assistant Sessions Judge, Tiruvannamalai in view of the abolition of powers of the Assistant Sessions in BNSS and post both the case together and direct the concerned trial Court to complete the trial within a period of six months from the date of receipt of copy of the order and it is only an outer limit

4. 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 2/6

only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Arani. Tiruvannamalai, 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 concerned Court on every Monday at 10.30.a.m., and on all hearing dates until further orders.

[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 3/6

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. 03.07.2025 sma 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.

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To 1.The Judicial Magistrate, Arni, Tiruvannamalai.

2.Inspector of Police, Kalambur P Police Station, Thiruvannamalai District.

3.The Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

sma 03.07.2025 6/6