Velu v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.24787 of 2025

1. Velu S/o Munusamy

2. Velu S/o Kamalanathan ... Petitioners/ A1 & A2 Vs The State rep. by, The Inspector of Police, Thirukalukundram Police Station, Chengalpattu District.

(Crime No.254 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.254 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. R. Parthiban For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioners, who were arrested and remanded to judicial custody on 07.07.2025, for the offences punishable under Sections 296(b), 118(1) and 109 of BNS r/w Section 4 of TNPHW Act in Crime No.254 of 2025, registered on the file respondent police, seek bail. The earlier bail application of the petitioner in Crl.O.P.No.23400 of 2025 was dismissed by this Court by an order dated 22.08.2025.

2.

The case of the prosecution is that the defacto complainant and the second petitioner herein/ A2 are husband and wife and the first petitioner/ A1 is the friend of the A2; that on account of illicit relationship between the defacto complainant and another person, there was a wordy quarrel and dispute between the defacto complainant and A2; that thereafter, the petitioners herein joined together and assaulted the defacto complainant using sickle; that thereby she sustained grievous injuries all over her body. Hence, this case.

3.

The learned counsel appearing for the petitioners submitted that the petitioners have no previous antecedents and they have not 2/6

committed any offence and they are still in judicial custody since 07.07.2025 and the earlier bail application of the petitioners were dismissed on the ground that the injured was still in treatment. He further submitted that the injured was discharged from the hospital and the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioners reiterated the prosecution case and stated that the injured was discharged from the hospital, however the injured is still taking treatment as outpatient and the petitioners have no previous antecedents.

5.

Considering the facts of this case, taking note of the fact that the earlier bail application of the petitioners was dismissed on the ground that the injured was still under treatment in hospital and the injured was now discharged from the hospital, the petitioners have no previous antecedents and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. 3/6

6.

Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Thirukazhukundram 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 Madurai and report before the Inspector of Police, Madurai Town Police Station daily at 10:30 a.m., for a period of four weeks. It is made clear that the petitioners shall not enter the jurisdictional limit of the respondent police, 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned 4/6

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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

23.09.2025 stn 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 District Munsif Cum Judicial Magistrate, Thirukazhukundram.

K. RAJASEKAR, J.

stn 5/6

2. The Inspector of Police, Thirukalukundram Police Station, Chengalpattu District.

(Crime No.254 of 2025)

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

5. The Inspector of Police, Madurai Town Police Station, Madurai.

Crl.O.P. No.24787 of 2025 23.09.2025 6/6