Deva @ Deva Chelladurai (A2) v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NOS.26541 and 26555 of 2025

1. Deva @ Deva Chelladurai ... Petitioner in Crl.O.P.No.26541 of 2025/ A2

2. Shanmugavel ... Petitioner in Crl.O.P.No.26555 of 2025/ A1 Vs The State rep. by, The Inspector of Police, Mangalam Police Station, Tirupur City, (Crime No.389 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.389 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. J. Franklin For Respondent(s) :

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

ORDER

The petitioners, who were arrested and remanded to judicial custody on 30.08.2025 for the offences punishable under Sections 296(b), 115(2), 109(1) and 351(3) of BNS in Crime No.389 of 2025, registered on the file respondent police, seek bail.

2.

The case of the prosecution is that on 30.08.2025, a wordy quarrel between the petitioners and the defacto complainant on account of vehicle parking dispute, the petitioners/ A1 and A2 verbally abused the defacto complainant and assaulted him using hands; that thereafter, A1 took a sharp object and stabbed the defacto complainant; that thereby the defacto complainant sustained grievous injuries. Hence, this case. 3.

The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and a false case has been lodged against the petitioners. He also submitted that the petitioners were in custody since 30.08.2025. He also submitted that 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 (Crl. Side) appearing for the respondent while opposing the bail to the petitioners reiterated the prosecution case and stated that the petitioners herein are arrayed as A2 and A1 respectively; that A2 has no previous antecedents and A1 has one previous case for the major offence under Section 506(ii) and the injured discharged from the hospital; and that the investigation is pending. 5.

Considering the facts of the case, the injured was discharged from the hospital and the period of incarceration undergone by the petitioners, 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.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tirupur 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;

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[b] the petitioners shall report the respondent police daily at 10:30 a.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];

[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

25.09.2025 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. 4/6

To

1. The Judicial Magistrate No.IV, Tirupur.

2. The Inspector of Police, Mangalam Police Station, Tirupur City, (Crime No.389 of 2025)

3. The Superintendent, District Jail, Tirupur.

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn Crl.O.P. Nos.26541 and 26555 of 2025 25.09.2025 6/6