Selvam v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.Selvam 2.Prabu @ Prabhakaran ... Petitioners/A1 & A2 Vs.

State Rep. By The Inspector of Police, Ramanatham Police Station, Cuddalore District.

(Crime No.57 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.57 of 2025 on the file of the respondent police. For Petitioner :

Mr.R.Radha Pandian For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 03.05.2025, for the offences punishable under Sections 296(b), 1/6

115(2), 118(1), 351(2), 191(2), 191(3), 351(3) and 109 of BNS, 2023 and Section 4 of TNPHW Act in connection with Crime No.57 of 2025, registered on the file of the respondent, seek bail.

2. The case of the prosecution is that there was a previous enmity between the first petitioner and de-facto complainant with regard to money. On the date of occurrence, the petitioner along with other accused had driven a car in a rash and negligent manner and hit the de-facto complainant while he was walking on the road, thereby, the de-facto complainant sustained injury. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged offence. He further submitted that the injured has been discharged from the hospital. He further submitted that the co-accused/A8 to A10 were granted anticipatory bail by this Court and he prays to grant bail to the petitioners.

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4. Learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for grant of bail to the petitioners reiterated the prosecution case and submitted that in this case there are totally 11 accused. A2 is the driver of the car and A1 is the owner of the car. He further submitted that PT warrant executed against the petitioners in Crime No.146 of 2025 and Crime No.79 of 2025. He further submitted that A8 to A10 were granted anticipatory bail by this Court in Crl.O.P.No.14603 of 2025. He further submitted that the petitioners were detained under Act 14, 1982 and the same was revoked by the Advisory board on 19.06.2025. He further submitted that A11 in this case is absconding, the case is under investigation and the petitioners have got two previous cases.

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

6. Considering the submissions made and the period of incarceration undergone by the petitioners and the fact that co-accused have been granted anticipatory bail by this Court and injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioners with certain conditions.

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7. Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thittakudi, 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. till the charge sheet is filed;

[c] the petitioners shall make themselves 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 4/6

investigation or for police custody beyond the first fifteen days, they 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 08.07.2025 rsi 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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M.NIRMAL KUMAR, J.

rsi To 1.The Judicial Magistrate, Thittakudi.

2.The Inspector of Police, Ramanatham Police Station, Cuddalore District.

3.The Superintendent, Central Prison, Cuddalore.

4.The Public Prosecutor, High Court of Madras.

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