M.Bharani v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR M.Bharani ... Petitioner Vs.

The State represented by, The Inspector of Police, Mettur Police Station, Salem District.

(Crime No.309 of 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.309 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 21.06.2025, for the offences under Sections 296(b), 75(1)(iv) and 351(3) of BNS r/w Section 4 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, in Crime No.309 of 2025, on the file of the respondent, seeks bail. 1/6

2. The case of the prosecution is that due to family dispute, the accused had quarrelled with the de facto complainant and others in an inebriated condition, threatened them with dire consequences and set fire to the three two-wheelers parked in front of the de facto complainant's house. Hence the case.

3. The contention of the learned counsel appearing for the petitioner is that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the de facto complainant is none other than the sister-in-law of the petitioner and due to family dispute, a false complaint has been lodged against him. However, the petitioner, without prejudice to his contention, is ready to deposit a sum of Rs.25,000/- to the credit of crime number. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and opposed for the grant of bail to the petitioner. Based on the complaint given by the de facto complainant, the present case has been registered.

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

6. Considering the facts and circumstances of the case, the submission made by the learned counsel appearing on either side and taking note of the period 2/6

of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with 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.I, Mettur, and on further conditions that: [a] The petitioner, without prejudice to his defence, is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Crime No.309 of 2025 and shall produce the proof of payment before the learned Magistrate concerned at the time of executing the sureties; [b] 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;

[c] 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 interrogation; [d] the petitioner shall not abscond either during investigation or trial and he shall make herself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; 3/6

[f] 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; [g] 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];

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

8. The petitioner, on depositing the said amount, the Court below shall deposit the same in the interest bearing fixed deposit scheme in any one of the nationalized banks.

22.07.2025 ham 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 4/6

1. The Judicial Magistrate No.I, Mettur.

2. The Inspector of Police, Mettur Police Station, Salem District.

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

ham 22.07.2025 6/6