Ajaykumar v. State Rep.By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.08.2025 CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
1. Ajaykumar 2.Vignesh @ Vicky ... Petitioners -vsThe state rep by its The Inspector of Police Denkanikottai police station Denkanikottai, Krishnagiri Crime No.271 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. 271 of 2025 on the file of the respondent police. For Petitioner : Mr.M.Velan For Respondent : Mr.L.Baskaran Government Advocate (Crl.side) Page No.1/5
ORDER
The petition for bail for the alleged offences under Sections 296(b), 75(2), 351(3) of BNS Act, 2023.
2. This complaint is a sequel of the earlier complaint in Crime No.268 of 2025 dated 23.07.2025. The 1st complaint was by one Sakthivel S/o Shanmugam and the 2nd complaint was by Madhanagiri W/o.Shanmugam.
3. The learned counsel for the petitioner states that in the earlier case registered in Crime No.268 of 2025, the petitioners herein were granted bail by the Court. Being aggrieved, the mother of the complainant had given a false complaint in Crime No.271 of 2025 in which the respondent police to satisfy the complainant had arrested the petitioners.
4. The learned Government Advocate (Crl.side) states that earlier complaint during the temple procession there was a fight between two groups which has led to registration of complaint in Crime No.268 of 2025 and after grant of bail, the petitioners had gone to the house of the complainant and teased them using obscene sign and language.
5. Taking note of the fact that this complaint is for showing obscene sign, the matter has to be investigated on examining the witnesses who were Page No.2/5
privy to the incident. For the said purpose, the detention of the petitioners in judicial custody is not required. Hence, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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, Denkanikottai 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 Investigating Officer as and when required for interrogation.
[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];
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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 11.08.2025 nr 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, Denkanikottai
2. The Inspector of Police Denkanikottai police station Denkanikottai, Krishnagiri
3. The Superintendent, Sub-Jail, Hosur.
4. The Public Prosecutor, High Court of Madras.
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Dr.G.JAYACHANDRAN , J.
nr 11.08.2025 Page No.5/5