Pradeep v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR

1. Pradeep

2. Suraj ... Petitioners Vs.

The State represented by, The Inspector of Police, GRP Chennai Central Police Station.

Chennai.

(Crime No.387 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.387 of 2025 on the file of the respondent Police. For Petitioners :

Mr.A.Jayamohan For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 13.06.2025 in connection with Crime No.387 of 2025 registered for the offences punishable under Sections 115(2), 118 @ 105 of BNS, seek bail.

2. The case of the prosecution is that the accused suspecting that the deceased/victim had committed theft of their things, had assaulted the victim and 1/4

pushed him down, due to which he sustained injuries. The victim was admitted in the hospital on 03.06.2025, whereas, without responding to the treatment, he died on 05.06.2025. Hence the case.

3. The contention of the learned counsel appearing for the petitioners is that the petitioners are innocent and have been falsely implicated in this case. He further submitted that the petitioners have no intention to assault the victim and also submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

4. Learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and opposed for granting bail to the petitioners stating that the petitioners are hail from the state of Uttar Pradesh and if they are enlarged on bail, it is difficult to secure them for investigation.

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 of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing separate bond each for a sum of Rs.10,000/- (Rupees Ten 2/4

Thousand only) with two sureties (out of which, one shall be the blood related surety and the another one shall be the local surety, each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, George Town, Chennai, 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., for a period of three weeks and thereafter, as and when required for further interrogation; [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 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 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 3/4

M.NIRMAL KUMAR, J.

ham 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

16.07.2025 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

1. The XVI Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police, GRP Chennai Central Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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