Ambethkar v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Ambethkar ... Petitioner
Versus
The State represented by The Inspector of Police, Ethappur Police Station, Salem District. (Cr.No.273/2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the above Crime No.273 of 2025 on the file of Inspector of Police, Ethappur Police Station, Salem District.
For Petitioner : Mr.T.Ganesan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor *****
ORDER
The petitioner, who was arrested and remanded to judicial custody on 08.06.2025, for the offence punishable under Sections 191(2), 191(3), 296(b), 140(1), 127, 115(1), 118(1), 109(1), 115(1) of BNS and Section 4 Page No.1 of 6
of TNPHW Act, subsequently altered to Section 191(2), 191(3), 296(b), 140(1), 127, 115(1), 118(1), 109(1), 270, 351(3) of BNS (146, 147, 294, 364, 340, 321, 324, 307, 268, 506 of IPC) and Section 4 of TNPHW in connection with Crime No.273 of 2025, registered on the file of the respondent, seeks bail.
2. The contention of the learned counsel for the petitioner is that, due to previous enmity, the petitioner and other accused persons are said to have assaulted the defacto complainant. He further submits that the petitioner is an innocent person and not committed any offence as alleged in the FIR. Further, he submitted that the petitioner is willing to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.
3. Learned Additional Public Prosecutor submitted that the petitioner and other accused have assaulted the defacto complainant, due to which, he had sustained multiple injuries and he has been discharged from hospital. He further submitted that during investigation, it is found that the petitioner is actively participated in the occurrence. Therefore, he opposed for grant of bail to the petitioner.
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4. Heard both sides and perused the materials available on record.
5. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
6. 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 Judicial Magistrate No.I, Attur 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, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation;
[c] the petitioner shall make himself available for Page No.3 of 6
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 269 of B.N.S. 25.06.2025 sp Page No.4 of 6
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.
To 1.The Judicial Magistrate No.I, Attur.
2.The Inspector of Police, Ethappur Police Station, Salem District.
3.The Superintendent, Central Prison, Salem.
4.The Public Prosecutor, High Court, Madras.
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M.NIRMAL KUMAR, J.
sp 25.06.2025 Page No.6 of 6