D.Deepak v. The State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR D.Deepak Petitioner(s) Vs The State rep by Inspector of Police E-3, Minjur Police Station, Tiruvallur District. Crime No. 4 of 2021.
Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in the above said S.C.No.579 of 2024 pending on the file of the IV Additional Principal District, Judge, Thiruvallur @ Ponneri. For Petitioner(s):
Mr.D.Dhanasekar For Respondent(s):
Mr.A.Gokulakrishnan, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 04.06.2025, for the offence punishable under Sections 147, 148, 294(b), 342, 324, 307 and 506(2) and subsequently altered to Section 147, 148, 120, 302 read with Section 149 of IPC in connection with Crime No.04 of 2021, registered on the file of the respondent, seeks bail.
2. The learned counsel for the petitioner would submit that the petitioner was granted bail with certain conditions, however on 02.06.2025, due to petitioner's ill- health, he was unable to appear before the Court, hence, NBW was issued against the petitioner on 02.04.2025 and the petitioner was arrested to judicial custody on 04.06.2025. Now, the petitioner is ready to abide any conditions that may be imposed by this Court and he is ready and willing to furnish substantial sureties. Learned counsel prays for grant of bail to the petitioner.
3. Learned Additional Public Prosecutor appearing for the respondent police reiterated the prosecution case and on instructions submitted that the
investigation in this case was completed, charge sheet was filed and the same was taken on file in S.C.No.579 of 2024 and opposed for grant of bail to the petitioner.
4. Heard both sides and perused the materials available on record.
5. 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 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 IV Additional Principal District Judge, Thiruvallur @ Ponneri 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 Trial Court on all hearing dates without fail;
[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 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 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 Inspector of Police E-3, Minjur Police Station, Tiruvallur District.
2. The IV Additional Principal District Judge, Thiruvallur.
3. The Central Prison-II, Puzhal.
4. The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
jai CRL OP No. 18228 of 25-06-2025