Naresh Kumar @ Naresh v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25650 of 2025 Naresh Kumar @ Naresh ... Petitioner/ A1 Vs The State rep. by, The Inspector of Police, Valasaravakkam Police Station, Thiruvallur District.
(Crime No.429 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.429 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. A. Arun Kumar For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.09.2025, for the offences punishable under Sections 296(b), 115(2), 75 and 351(2) of BNS R/W Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.429 of 2025, registered on the file respondent police, seeks bail.
2.
The case of the prosecution is that, the petitioner's father misbehaved with the defacto complainant one Anbarasi, abused and harassed her in filthy language, while the same was questioned by the defacto complainant's mother, a wordy quarrel arouse among the family members of both the petitioner and the defacto complainant; that thereby the petitioner assaulted the defacto complainant due to which, the defacto complainant sustained minor injury. Hence, this case. 3.
The learned counsel appearing for the petitioner submitted that both the defacto complainant and the petitioner are neighbours and on account of previous enmity between both their family members, a wordy quarrel arouse among themselves, hence a false case has been lodged 2/6
against the petitioner and his family members. He further submitted that the co-accused were granted anticipatory bail by this Court, vide order dated 12.09.2025 in Crl.O.P.No.24455 of 2025 and the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
4.
The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and on instruction submitted that the petitioner has no previous antecedents, the defacto complainant sustained simple injury and the investigation is pending.
5.
Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner, the petitioner has no previous antecedents and the co-accused were already granted anticipatory bail, this Court is inclined to grant bail to the petitioner with certain conditions.
6.
Accordingly, the petitioner is ordered to be released on bail on 3/6
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 Judicial Magistrate No.I at Poonamallee 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 petitioner shall report before the respondent police daily at 10.30a.m., for a period of four weeks and thereafter, as and when required for interrogation;
[c] 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];
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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18.09.2025 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 Judicial Magistrate No.I, Poonamallee.
2. The Inspector of Police, Valasaravakkam Police Station, Thiruvallur District.
(Crime No.429 of 2025)
3. The Superintendent, Central Prison-II, Puzhal, Chennai.
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K. RAJASEKAR, J.
stn
4. The Public Prosecutor, High Court of Madras.
Crl.O.P. No.25650 of 2025 18.09.2025 6/6