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Madras High CourtCRL OP/23887/2025granted

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

2025-09-01Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Sakthivel ... Petitioner/A1 Vs.

The State Rep. by:

The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai District.

(Crime No.451 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.451 of 2025 pending on the file of the Respondent police.

For Petitioner :

Mr.R.Thamarai Selvan For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) ********

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 30.06.2025, for the offence punishable under Sections 109, 126(2), 191(3), 140(2), 296(b), 303(2) of BNSS, 2023, in Crime No.451 of 2025, registered on the file of the respondent, seeks bail. 1/5

2. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

3. The learned Government Advocate (Crl. Side) submits that the injured victim has been discharged from the hospital and that the investigation is almost complete.

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

5. Considering the fact that, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Mayiladuthurai, 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 2/5

copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall appear before the respondent Police daily at 10.30 a.m., until further orders;

[c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 01.09.2025 nvi 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.

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To 1.The Judicial Magistrate No.1, Mayiladuthurai. 2.The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai District.

3.The District Prison, Nagapattinam.

4.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J., nvi 01.09.2025 5/5