Ajaykumar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Ajay Kumar ... Petitioner Vs.

State rep by:- The Sub-Inspector of Police, Melpatti Police Station, Vellore District.

(Crime No.98 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.98 of 2025 on the file of the respondent police. For Petitioner :

Mr.K.Sathish kumar 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 24.08.2025 for the alleged offence under Sections 296(b), 115(2), 118(1), 109(1), 351(3) of the Bharatiya Nyaya Sanhita (BNS) Act 2023 (323,324,307,506 of IPC) and altered to Under Section 191(2), 191(3), 296(b), 115(2), 118(1), 109(1), 1/6

351(3) of the Bharatiya Nyaya Sanhit (BNS) Act, 2023 (147,148,294(b),323,324,307,506 of IPC), in Crime No.98 of 2025, on the file of respondent police, seeks bail.

2. The case of the prosecution is that there was a wordy quarrel among the petitioner and the defacto complainant, due to which, the petitioner along with other accused persons abused and attacked the defacto complainant and caused grievous 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 and there is no specific overt act against him. He further submits that the petitioner has been suffering incarceration from 24.08.2025. 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 victim has been discharged from the hospital. 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.

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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.15,000/- (Rupees Fifteen thousand only) to the credit of Crime NO.98 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, Gudiyatham, 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 the period of three months.

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

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(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.

(g) the defacto complainant is permitted to withdraw the amount deposited by the petitioner in Crime No.98 of 2025, on proper identification, in the manner known to law. 09.09.2025 rri To 4/6

1.The Judicial Magistrate, Gudiyatham, Vellore District. 2.The Sub-Inspector of Police, Melpatti Police Station, Vellore District.

3. The Superintendent of Prison, Central Prison, Vellore. 4.The Public Prosecutor, High Court, 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.

T.V.THAMILSELVI , J.

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