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Madras High CourtCRL OP/24447/2025granted

Deepakraj @ Deepak v. The State Rep By, The Inspector Of Police,

2025-09-08Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Deepakraj @ Deepak S/o.Nagaraj, No.4/446, Anna Nagar, Madarapakkam Village and Post, Gummidipoondi Taluk, Thiruvallur District.

Petitioner(s) Vs The State Rep by, The Inspector of Police, Railway Police Station, Korrukkupettai, GRP, Chennai.

Respondent(s) PRAYER To enlarge the petitioners on bail pending investigation in Cr.No.228/2025 on the file of the respondent police station.

For Petitioner(s):

Mr. A.M. Rahamath Ali For Respondent(s):

Mr.A.Gopinath, Govt. Advocate (Crl. Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.07.2025 for the alleged offence under Sections 296(B), 115(2), 125 BNS r/w 151 Indian Railways Act altered to 191(2), (3),296(b), 115(2), 125 BNS r/w 151 Indian Railways Act and Sec. 3 of TNPPDL Act (=147, 148, 294(b), 323 & 336 I.P.C.) in Crime No.228 of 2025 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 14.07.2025, during afternoon, when an EMU reached Kavarapettai Railway Station, three boys scaled down the all behind the station master, one of them caught hold of a student of another college and assaulted him while the other two pelted stones with intent to cause damage. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that this is the second petition for bail and the entire allegation is false, vindictive, wanton and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and due to previous enmity, he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 41 days from 28.07.2025. Hence, he prayed to grant bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that on the date of occurrence, the petitioner along with other accused have scaled down the wall behind the station master, out of which, one caught hold of a student of another college and assaulted him and also pelted stones with tent to cause damage, thereby simple injury caused to the victim. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances, and also considering the fact that the investigation almost completed and the fact that simple injury caused to the victim and also considering the period of incarceration undergone by the petitioner from 28.07.2025, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 District Munsif cum Judicial Magistrate, Gummidipoondi, and on further conditions that:

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(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (b) the petitioner shall report before the respondent police on every Sunday at 10.30 a.m. for period of three months; (c) the petitioner shall not commit any offences of similar nature;

(d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 08-09-2025 4/6

Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. The District Munsif cum Judicial Magistrate, Gummidipoondi.

2. Inspector of Police, Railway Police Station, Korukkupettai, GRP, Chennai.

3. The Superintendent of Prison, Central Prison, Puzhal. 4.The Public Prosecutor, High Court of Madras, Chennai. 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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T.V.THAMILSELVI J.

rpp CRL OP No. 24447 of 08-09-2025 6/6