Venkadesh v. The State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.Venkadesh 2.Aravind 3.Gowdharan alias Gowsik ... Petitioners Vs.

The State represented by The Inspector of Police, Veerapandi Police Station, Tiruppur District.

Crime No.324 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.324 of 2025 on the file of the respondent. For Petitioner :

Mr.N.S.Suganthan For Respondent :

Mr.L.Baskaran Government Advocate (Criminal side) 1/6

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 31.05.2025, for the offence punishable under Section 296 (b), 351 (3) BNS, 2023 and Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 (TNPPDL Act) altered to Section 296 (b), 351 (3), 191 (2), 191 (3), 126 (2), 127 (2), 3 (5) of BNS, 2023 and Section 3 of the TNPPDL Act, 1992, in Crime No.324 of 2025, registered on the file of the respondent, seek bail.

2.The case of the prosecution is that the defacto-complainant having seven cars and renting them on daily basis in the name of DJ Cars through Zoom App. The petitioners had taken Innova Car for two days to go along with his friends. After travel, while leaving the car on 30.05.2025 at about 9.30 p.m. the defacto complainant found scratches on the car and asked the 1st petitioner to rectify the scratches. Thereby, the first petitioner along with other accused threatened the defacto-complainant and his brother with dire consequences and they attempted to put stone on them. Hence, the case. 3.The learned counsel appearing for the petitioners submitted that the 2/6

petitioners are innocent persons and they had been falsely implicated in this case. The petitioners are in judicial custody from 31.05.2025 and hence, further custody of the petitioners is not required. Hence, he prayed for grant of bail to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioners.

5.At this juncture, the learned counsel for the petitioners voluntarily submitted that the petitioners, in order to show their bonafide, are ready and willing to deposit a sum of Rs.10,000/- each (Rupees Ten Thousand only) to the credit of Crime No.324 of 2025 without prejudice to their defence. 6.Heard both sides and perused the materials available on record. 7.Considering the facts and circumstances of the case, the submission that the petitioners are willing to deposit an amount of Rs.10,000/- each to the credit of Crime No.324 of 2025, and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with 3/6

certain conditions.

8.Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- [Rupees Ten Thousand Only] each to the credit of Crime No.324 of 2025 before the trial Court, on such deposit and production of proof, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.4, Tiruppur.

[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 petitioners shall report before the respondent Police daily at 10.30.a.m., for a period of thirty days; thereafter as and when required for interrogation; [c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses; [e] the petitioners to give an undertaking that if 4/6

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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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. 18.06.2025 ep 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.

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To 1.The Judicial Magistrate 4, Tiruppur.

2.The Inspector of Police, Veerapandi Police Station, Tiruppur District.

3.District Prison, Tiruppur 4.The Public Prosecutor, High Court of Madras.

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