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Madras High CourtCRL OP/24289/2025granted

Vanishwar v. State Represented By , The Inspector Of Police

2025-09-04Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN 1.Vanishwar 2.Akash ... Petitioners Vs.

State Rep. by:

The Inspector of Police, Avadi Tank Factory Police Station, Thiruvallur District.

(Crime No.467 of 2025) ... Respondent 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.467 of 2025 on the file of the Inspector of Police, Avadi Tank Factory Police Station, Thiruvallur District. For Petitioners :

Mr.G.Gayathri For Respondent :

Mr.S.Udayakumar Government Advocate (Crl. Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 14.08.2025, for the offence punishable under Sections 126(2), 1/4

296(b), 115(2), 118(1), 351(3) of BNS, 2023 and Section 3 of TNPPDL Act, in Crime No.467 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that a wordy quarrel arose between the defacto complainant and the petitioners in connection with the rash driving of a two-wheeler. It is alleged that the headlight of the twowheeler was damaged by the petitioners and they also attacked the defacto complainant, causing injury. Hence the present complaint.

3. Heard both sides and perused the materials available on record.

4. Taking into consideration that the injured person discharged from the hospital after treatment, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail on depositing a sum of Rs.15,000/- (Rupees Fifteen Thousand only) in the account pertaining to Crime No.467 of 2025 within a period of fifteen days. On such deposit, the surety may be considered and on further conditions that:

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[a] The petitioners shall execute 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, Ambattur; [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 respondent police daily at 10.30 a.m., until further orders;

[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 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. 04.09.2025 3/4

Dr.G.JAYACHANDRAN, J.

rpl 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, Ambattur.

2.The Inspector of Police, Avadi Tank Factory Police Station, Thiruvallur District.

3.The Central Prison, Puzhal 4.The Public Prosecutor, High Court of Madras.

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