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Madras High CourtCRL OP/22737/2025granted

Chandru v. The State Rep By The Inspector Of Police

2025-08-22Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN 1.Chandru, (Male/Age 24 years) S/o Bheeman 2.Suriya(Male/Age 23 years) S/o Sankar Both are residing at Rice Mill Street, M.V.Kuppam Village & Post, Pernambut Taluk, Vellore District.

3.Sakthivel @ Saran(Male/Age 20 years) S/o Venkatesan Kinaru Street, M.V.Kuppam Village & Post, Pernambut Taluk, Vellore District.

..Petitioners/Accused No.1 to 3 /versus/ The State rep by The Inspector of Police, Melpatti Police Station Melpatti, Vellore District (Crime No.93 of 2025) ..Respondent/Complainant 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.93 of 2025 on the file of the Inspector of Police, Melpatti Police Station, Melpatti, Vellore District. 1/5

For Petitioners :Mr.G.Vinodhkumar For Respondent :Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 16.07.2025 for the offences punishable under Sections 296(b), 115(2), 118(1), 109(1) and 351(3) of BNS in Crime No.93 of 2025 on the file of the respondent, seeks bail.

2. The case of the prosecution is that during a quarrel between the petitioners and the defacto complainant regarding property, the petitioners used a shovel to attack the defacto complainant, thereby caused grevious injury.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) submitted that the complainant, after taking treatment for six days, has been discharged on 21.07.2025 from the hospital.

5. Considering the nature of the crime and the fact that the injured has been discharged from the hospital, this Court is inclined to grant bail to 2/5

the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on each of them 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 Judicial Magistrate, Gudiyatham 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 stay at Thiruppathur and they shall report before the Thiruppathur Town Police Station 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 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.

22.08.2025 ari 3/5

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, Gudiyatham.

2.The Inspector of Police, Melpatti Police Station, Melpatti, Vellore District. 3.The Central Prison,Vellore.

4.The Public Prosecutor, High Court of Madras. 4/5

Dr.G.JAYACHANDRAN, J.

ari 22.08.2025 5/5