Gunaseelan v. The State Rep By, The Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2025
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Gunaseelan ... Petitioner Vs.
State, rep by The Station House Officer, Karuveppilankurichi Police Station, Cuddalore District.
Cr.No.197/2025.
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in respect of Crime No.197 of 2025 on the file of respondent police. For Petitioner :
Mr.N.U.Pressanna 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 08.08.2025 for the alleged offence under Sections 126(2), 296(b), 115(2), 351(3) and 74 of BNS, 2023, read with Section 4 of TNPHW Act, 2002, in Crime No.197 of 2025, on the file of respondent police, seeks bail. 1/4
2. The case of the prosecution is that one Dinesh abused the defacto complainant's cousin (uncle's daughter) in filthy language. When this was question, the petitioner, along with others, allegedly restrained the defacto complainant and assaulted him. Hence, the present complaint.
3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated, as if he attempted to cause injury to the defacto complaiant. He further submits that the petitioner has been suffering incarceration from 08.08.2025. Hence, he seeks for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, opposed the grant of bail to the petitioner and submitted that the investigation has been completed.
5.Considering the facts, the submissions made by both counsels, and the fact that the investigation has been completed, and also considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on executing 2/4
a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Judicial Magistrate No.II, Virudhalam, and on further conditions that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the 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 every Saturday at 10.30 a.m. for a period of three months.
(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioner shall not abscond either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the 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 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
T.V.THAMILSELVI , J.
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rpl (g) the petitioner shall not communicate with the victim and his family members.
10.09.2025 rpl To 1.The Judicial Magistrate No.II, Virudhalam.
2.The Station House Officer, Karuveppilankurichi Police Station, Cuddalore District.
3.The Sub Jail, Virudhachalam 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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