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Madras High CourtCRL OP/25867/2025granted

Dinesh @Deena v. The State Represented By The Inspector Of Police

2025-09-19Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR 1.Dinesh @ Deena 2.Mohan Raj ... Petitioners/A1 & A2 Vs.

The State Represented by The Inspector of Police, Nemili Police Station, Ranipet District.

(Crime No.370 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail pending investigation in Crime No.370 of 2025 on the file of the respondent police. For Petitioner : Mr.M.Jayavaradhan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 20.08.2025 for the alleged offences punishable under Section 287 of BNS, 2023 and Section 4 of Tamil Nadu Public Property (Prevention of 1/6

Damage and Loss) Act, 1992, in Crime No.370 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners herein joined hands with other accused, threw a Petrol Bomb on the house of the de-facto complainant, since she has not paid money to the first petitioner/A1. Hence, the case.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that petitioners are students and immediately after the occurrence, they surrendered before the police and they are in custody from 19.08.2025. Though previous cases have been shown against the petitioners, they are only petty offences. Further submitted that no one was injured in this case. Hence, he prayed for grant of bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reported that there are totally three accused in this case and the petitioners are ranked as A1 and A2. He further submitted that 2/6

the petitioners are having three previous cases, which are relating to petty cases. He also submitted that no one was injured in this case.

5. Heard both sides and perused the materials available on record. 6.Considering facts and circumstances of the case, the period of incarceration undergone by the petitioners and the fact that no one was injured in this case, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) each, with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Arakkonam 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 3/6

their identity;

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks, 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.09.2025 rsi 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 No.II, Arakkonam.

2.The Inspector of Police, Nemili Police Station, Ranipet District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

rsi 19.09.2025 6/6