Bharathkumar v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-07-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Bharathkumar Petitioner(s) Vs State Rep By The Inspector Of Police Mangalam Police Station, Tiruppur City. ( Crime No. 252 of 2025 ) Respondent(s) PRAYER This petition is filed under Section 483 of BNSS Act 2023 to enlarge the Petitioner on bail , pending investigation of the case in the Crime no.252 of 2025 on the file of Respondent and thus render justice. For Petitioner(s):
Mr.J.Magadhalena For Respondent(s):
Mr.R.Vinothraja, GA (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 09.06.2025, for the alleged offence punishable under Sections 191(2), 191(3), 296(b), 118(1) and 351(3) of BNS Act, 2023 (Old corresponding Section 147, 148, 294(b), 324 and 506(ii) of IPC) and Under Section 25(1) (a) of the Arms Act, 1959 in Crime No.252 of 2025, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with co-accused alleged to have assaulted the defacto complainant with deadly weapon and thereby defacto complainant sustained injuries. Hence, the complaint.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he is in judicial custody from 09.06.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner along with other accused alleged to have assaulted the defacto complainant with weapon and opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner and also injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
7. 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.IV, Tiruppur and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
03-07-2025 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 official website of this Court will be watermarked and will also have a QR code.
To
1. The Inspector Of Police Mangalam Police Station, Tiruppur City.
2. The Judicial Magistrate No.IV, Tiruppur.
3. The Sub Jail, Tiruppur.
4. The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
jai CRL OP No. 18910 of 03-07-2025