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Madras High CourtCRL OP/25685/2025granted

Ravikumar v. State Rep By, The Inspector Of Police,

2025-09-18Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25685 of 2025

1. Ravikumar

2. Hari Ragavan ... Petitioners/ A1 & A2 Vs The State rep. by, The Inspector of Police, Pallapatty Police Station, Salem District.

(Crime No.368 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.368 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. W. Camyles Gandhi For Respondent(s) :

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

ORDER

The petitioners, who were arrested and remanded to judicial custody on 05.09.2025, for the offences punishable under Sections 296(b) and 351(3) of BNS and Section 3(1) of TNPPDL Act 75 in Crime No.368 of 2025, registered on the file respondent police, seek bail. 2.

The case of the prosecution is that on 05.09.2025, the petitioners who were travelling in a two wheeler, fell down from their bike and picked up a wordy quarrel with the defacto complainant, who was crossing them in a car. Due to which, the petitioners abused the defacto complainant in filthy language, damaged the rear and window glasses of the defacto complainant's car and threatened him of dire consequences. Hence, this case.

3.

The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners. 2/6

4.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioners, reiterated the prosecution case and on instruction submitted that the petitioners have no previous antecedents and the investigation is pending. 5.

Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioners and the fact that the petitioners have no previous antecedents, this Court is inclined to grant bail to the petitioners with certain conditions.

6.

Accordingly, the petitioners are ordered to be released on bail on their 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 Judicial Magistrate-II, Salem and on further conditions that:

[a] the petitioners shall deposit a sum of Rs.2,000/- (Rupees Two Thousands only) each to the credit of Crime No.368 of 2025 on the file of the learned Judicial Magistrate II, Salem at the time of execution of sureties; 3/6

[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 10.30a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

18.09.2025 stn 4/6

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 -II, Salem.

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

(Crime No.368 of 2025)

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

5/6

K. RAJASEKAR, J.

stn Crl.O.P. No.25685 of 2025 18.09.2025 6/6