Saran v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.Saran 2.Janarthanan @ Jana 3.Neelakandan @ Neela ... Petitioners/A1 to A3 Vs.

The State Rep. By The Inspector of Police, Manavala Nagar Police Station, Thiruvallur District.

(Crime No.147 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.147 of 2025 on the file of the respondent police. For Petitioner :

Mr.M.Madhan Kumar 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 10.07.2025, for the offences punishable under Sections 329(4), 1/6

115(2), 118(1), 109(1) of BNS, 2023 in connection with Crime No.147 of 2025, registered on the file of the respondent, seek bail.

2. The case of the prosecution is that the de-facto complainant's relative took the two wheeler of the de-facto complainant and committed accident to A1. Thereafter the petitioner along with other accused trespassed into the house of the de-facto complainant and assaulted the de-facto complainant and his relative, due to which, the de-facto complainant sustained injury and admitted in the hospital. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and hence, prays to grant bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that 1st petitioner has got 7 2/6

previous cases and the 2nd and 3rd petitioner has also got some previous cases. He further submitted that the injured has been discharged from the hospital.

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

6. Considering the facts and circumstances of the case and 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 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 No.II, Thiruvallur, 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 appear before the respondent police everyday at 10.30 a.m., for a period of 3/6

thirty (30) days, thereafter as and when required for 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, 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. 07.08.2025 rsi 4/6

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 No.II, Thiruvallur.

2.The Inspector of Police, Manavala Nagar Police Station, Thiruvallur District.

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

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rsi 07.08.2025 6/6