S.Arunkumar v. State By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI S.Arun Kumar ... Petitioner Vs.

State rep by:- The Inspector of Police, Vazhappadi Police Station, Salem District.

(Crime No.274 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in Crime No.274 of 2025 on the file of the respondent police. For Petitioner :

Mr.V.Nithyanandam 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 17.07.2025 for the alleged offence under Sections 296(b), 109(1), 118(1), 351(3) of BNS and Sec 3 (1) TNPPDC Act 1992, in Crime No.274 of 2025, on the file of respondent police, seeks bail.

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2. The case of the prosecution is that there was a family dispute among the petitioner and the defacto complainant, due to which wordy quarrel among them. The petitioner along with other accused persons abused and attacked the defacto complainant and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration from 17.07.2025. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner assaulted the defacto complainant with knife and caused grievous injuries. When the injured persons called for an ambulance to be taken to the hospital, the petitioner is said to have damaged the ambulance and also threatened its driver. He further submitted that there is no previous case pending against the petitioner and the investigation is almost completed. However, he opposed to grant bail to the petitioner. 2/6

5. Taking into consideration the facts and submissions made by both counsels, the investigation is almost completed and the victim has been discharged from the hospital, 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 directed to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) to the credit of Crime No.274 of 2025, and on such deposit, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate, Vazhapaddy, 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 on alternative days 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 3/6

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.

(g) the petitioner shall deposit a sum of Rs.50,000/- to the credit of crime NO.274 of 2025, out of which, the defacto complainant / victim is permitted to withdraw a sum of Rs.20,000/-, and the remaining Rs.30,000/- shall be permitted to be withdrawn by the owner of the ambulance, whose vehicle was damaged, on proper identification, in the manner known to law. 09.09.2025 rri 4/6

To 1.The Judicial Magistrate, Vazhapaddy.

2.The Inspector of Police, Vazhappadi Police Station, Salem District.

3. The Superintendent of Prison, Central Jail, Salem. 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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T.V.THAMILSELVI , J.

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