Azhagarsamy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

1. Azhagarasamy.

2. Selvakumar.

... Petitioners/Accused Vs.

State Rep. by The Inspector of Police, Brammadesam Police Station, Villupuram District.

Crime No. 142 of 2025.

... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 485 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners/accused in Crime No.142 of 2025 on the file of Brahmmadesam Police Station, Villupuram.

For Petitioners : Mr.H.Eshwar For Respondent : Mr.L.Baskaran Government Advocate (Criminal Side) 1/5

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 22.06.2025, for the offence punishable under Sections 296(B), 132, 351(3) & 109 of BNS, in Crime No.142 of 2025, registered on the file of the respondent, seeks bail.

2. According to the prosecution, the petitioners, while proceeding on two-wheeler, refused to stop the vehicle during a police vehicular check. Further, they allegedly picked quarrel with the Assistant Sub-Inspector of Police, leading to the present case.

3. The learned Government Advocate (Criminal Side), appearing for the respondent states that on completion of investigation, the final report has been filed, noting that the first accused has 35 previous cases and the second accused has 14 previous cases.

4. The learned counsel appearing for the petitioners submits that most of the previous cases ended in acquittal and few cases were registered subsequent to this incident.

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5. Considering the nature of the complaint, this Court is inclined to grant bail, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tindivanam [b] 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;

[c] The petitioners shall report before the Judicial Magistrate on every Monday at 10.30 a.m until further orders and all hearing dates without fail.

[d] 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 3/5

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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.08.2025 bsm To 1.The Judicial Magistrate No.II, Tindivanam.

2. The Inspector of Police, Brammadesam Police Station, Villupuram District.

3. The Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras. 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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Dr.G.JAYACHANDRAN, J.

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