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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Thangavel ... Petitioner Vs.

The State represented by The Inspector of Police, TIW East Police Station, Coimbatore District.

Crime No.248 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.248 of 2025 on the file of the respondent. For Petitioners :

M/s.W.Camyles Gandhi For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 19.06.2025, for the offence punishable under Section 281, 105 of BNS and 185 of Motor Vehicle Act, in Crime No.248 of 2025, registered on the file 1/7

of the respondent, seeks bail.

2.The case of the prosecution is that the defacto-complainant is the son of the deceased Poovammal. The petitioner is an Auto driver. He was drunk and drove the auto in a rash and negligence manner and hit the deceased Poovammal, while she was walking in the pathway. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner is in judicial custody from 19.06.2025 and hence, further custody of the petitioner is not required. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioner.

5.At this juncture, the learned counsel for the petitioner voluntarily submitted that the petitioner, in order to show his bonafide, is ready and willing to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the 2/7

credit of Crime No.248 of 2025 without prejudice to his defence. The same was accepted by the defacto-complainant.

6. Heard both sides and perused the materials available on record. 7.Considering the facts and circumstances of the case, the submission that the petitioner is ready and willing to deposit an amount of Rs.1,00,000/- to the credit of Crime No.248 of 2025 and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

8.Accordingly, the petitioner is directed to deposit a sum of Rs.1,00,000/- [Rupees One Lakh only] to the credit of Crime No.248 of 2025 before the trial Court, (the trial Court shall deposit the same in an interest bearing account) on such deposit and production of proof, 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 VIII, Coimbatore.

3/7

[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 respondent Police daily at 10.30.a.m., for a period of three weeks; thereafter as and when required for interrogation; [d] the petitioner shall make himself 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;

[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 4/7

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. 25.07.2025 ep 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 Judicial Magistrate VIII, Coimbatore.

2.The Inspector of Police, TIW East Police Station, Coimbatore District.

3.The Central Prison, Coimbatore.

5/7

4.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

ep 6/7

25.07.2025 7/7