Maruthu @ Maruthavanan 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 Maruthu @ Maruthavanan ... Petitioner
Versus
State Represented by, The Inspector of Police, C-1 Sriperumbudur Police Station, Kancheepuram District.
(Crime No.199/2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.199 of 2025 on the file of the respondent police. For Petitioner : Mr.M.L.Satish Kumar For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor *****
ORDER
The petitioner, who was arrested and remanded to judicial custody on 16.04.2025, for the offence punishable under Sections 296(b), 118(1), Page No.1 of 6
351(3) of BNS Act (294(b), 324, 506(ii) of IPC), subsequently altered to Sections 296(b), 118(1), 109(1), 351(3) of BNS Act (294(b), 324, 307, 506(ii) of IPC) in Crime No.199 of 2025, registered on the file of the respondent, seeks bail.
2. The contention of the learned counsel for the petitioner is that the petitioner is said to have abused the defacto complainant in a filthy language and attacked him using hammer. He further submits that the petitioner is the sole breadwinner of his family and his entire family would be put to great hardship and sufferings if he is not released on bail. Therefore, he prays for grant of bail to the petitioner.
3. Learned Additional Public Prosecutor submitted strongly opposed for grant of bail to the petitioner stating that the petitioner is an habitual offender and he has three previous cases against him.
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 Page No.2 of 6
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, Sriperumbudur 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 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 Page No.3 of 6
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 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 Metropolitan, Sriperumbudur.
2.The Inspector of Police, C-1 Sriperumbudur Police Station, Kancheepuram District.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court, Madras.
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M.NIRMAL KUMAR, J.
sp 25.06.2025 Page No.6 of 6