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Madras High CourtCRL OP/21832/2025granted

Siva @ Venkatesan v. The Inspector Of Police

2025-08-11Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Siva @ Venkateshan ... Petitioner Vs.

The Inspector of Police, P-6, Kodungaiyur Police Station.

Kodungaiyur, Chennai - 600 118.

(Crime No.381 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.381 of 2025 on the file of the respondent Police. For Petitioner :

Mr.N.Indiran For Respondent :

Mr.L.Baskaran Government Advocate (Criminal Side)

O R D E R

Based on the complaint given by one Yuvaraj, a case in Crime No.381 of 2025 was registered for the offences under Sections 296(b), 118(1), 109 & 351(3) of BNS.

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2. According to the prosecution, due to previous enmity, the petitioner/A2, along with A1, attacked the de facto complainant with a brick and an iron rod. The injured de facto complainant was treated as an outpatient in the hospital.

3. Learned Government Advocate (Criminal Side) opposed the bail petition, stating that the petitioner is a notorious criminal having 10 previous cases and out of which, one case was registered under Section 302 IPC.

4. Learned counsel appearing for the petitioner states that the said murder case ended in acquittal and that the petitioner is ready to abide by any condition.

5. Considering the nature of the offence, the fact that the petitioner was arrested on 20.07.2025 and that the investigation in this matter is substantially completed, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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 X Metropolitan Magistrate, Egmore, Chennai, and on further conditions that : 2/4

[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 Investigating Officer twice daily, at 10.00 a.m. and 5.00 p.m., for a period of thirty days from 13.08.2025; [c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 11.08.2025 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. 3/4

Dr.G.JAYACHANDRAN , J.

ham To

1. The X Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, P-6, Kodungaiyur Police Station, Kodungaiyur, Chennai - 600 118.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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