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Madras High CourtCRL OP/26027/2025granted

Selladurai v. The State Rep By, The Sub Inspector Of Police,

2025-09-22Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR 1.Selladurai 2.Pambu @ Ramesah 3.Prakash 4.Prabakaran 5.Gowtham ... Petitioners Vs.

The State Represented by The Sub-Inspector of Police, Tharamangalam Police Station Salem District.

(Crime No.524 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.524 of 2025 on the file of the respondent police. For Petitioner : Mr.T.Ganesan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) 1/6

ORDER

The petitioners, who were arrested and remanded to judicial custody on 08.09.2025 for the alleged offences punishable under Sections 191(2), 296(b), 115(2), 118(1) and 351(3) of BNS r/w Section 3(1) of TNPP (PD & L) Act, (147, 294, 323, 324, 506 of IPC), in Crime No.524 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that there was a previous quarrel between the petitioners and the defacto complainant. The petitioners joined hands with the other accused attacked the defacto complainant's family members with iron rod, pipes and damaged his TATA Ace Vehicle. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners were attacked by the defacto complainant groups in this regard and a counter case has been registered in Crime No.526 of 2025 and his groups slapped, they have suffered injury and also property were damaged. He further submitted that the petitioners are an innocent persons and they have been falsely implicated in this case. Hence, he prayed for grant of bail 2/6

to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reported that there are totally 7 accused in this case. Except the second petitioner, others have no previous case and the second petitioner is involved in one previous case and the injured has been discharged from the hospital. He also admitted that the counter case registered against the defacto complainant and his groups. Hence, he strongly opposed grant of bail to the petitioners.

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 petitioners have no previous case except A2 has one previous 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 3/6

only) each, with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Omalur 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 Cuddalore and report before the Cuddalore Town Police daily at 10.30 a.m., for a period of three weeks;

[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. 22.09.2025 dna 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, Omalur.

2.The Sub-Inspector of Police, Tharamangalam Police Station Salem District.

(Crime No.524 of 2025) 3.The Superintendent, Central Prison, Salem.

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

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K.RAJASEKAR , J.

dna 22.09.2025 6/6