Gunasekaran v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.Gunasekaran

2. Azhagesan 3.Arumugam .. Petitioners Vs.

State rep. by The Inspector of Police Thanipadi Police Station Thiruvannamalai Crime No. 111 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioners on bail pending investigation in Crime No. 111 of 2025 on the file of the The Inspector of Police Thanipadi Police Station,Thiruvannamalai/ respondent herein. For Petitioner :

MrT.Shanmugam For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor 1/6

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 29.05.2025, for the offence punishable under Section 296(b), 115(2), 118(1) and 109(1) of BNS Act, 2023, in connection with Crime No. 111 of 2025, registered on the file of the respondent, seek bail.

2. The case of the prosecution is that due to previous enmity between the petitioners and the defacto complainant's husband in connection with land dispute, a wordy quarrel arose between them due to which, the petitioners abused the defacto complainant's husband in a filthy language and also assaulted him with weapons and caused injuries. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are in no way connected with the alleged offence, however, they are suffering incarceration from 29.05.2025. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

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4. Learned Additional Public Prosecutor appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that the petitioners abused the defacto complainant's husband in a filthy language and also assaulted him with weapons and caused injuries. Hence, he opposed for grant of bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a 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, Thandarampattu 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and 3/6

thereafter, as and when required for further 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 de facto complainant and witnesses; [e] the petitioners 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 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];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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

To

1. The learned Judicial Magistrate, Thandarampattu

2. The Inspector of Police Thanipadi Police Station Thiruvannamalai

3. The Superintendent, Central Prison, Vellore.

4. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

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