Sundaresan v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.27074 of 2025

1. Sundaresan

2. Ramasamy

3. Ranjith

4. Ashok

5. Mohan

6. Dhanavel

7. Prabhu ... Petitioners Vs.

State Rep by Inspector of Police, Veppankuppam Police Station, Thiruvallur District.

... Respondent (Cr.No.305 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Cr.No.305 of 2025 pending investigation on the file of the respondent police.

For Petitioners : Mr.E.Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

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The petitioners, who were arrested and remanded to judicial custody on 21.09.2025 for the alleged offence under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 109(1), 353(3) of BNS, 2023 and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 (Under Section 147, 148, 294(b), 323, 324, 307, 506(ii) of IPC in Crime No.305 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there was a wordy altercation between the accused persons, including these petitioners and the defacto complainant, following which, they have attacked the village people, who participated in a puberty function at Manthaveli and damaged tube lights, serial lights, chairs and also abused them by using filthy language. Hence, the present case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they have falsely implicated in this case; the petitioners have not committed any such offence as alleged by the prosecution; and that the petitioners are ready to produce solvent sureties and ready to abide any conditions that may imposed by this Court and also 2/6

undertake to appear and to co-operate for the investigation, and prayed to grant bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that it is a case and case in counter. The petitioners have attacked the village people, who participated in a puberty function at Manthaveli and damaged huge value of property, two persons were injured and they were discharged from the hospital. Hence, he opposed to grant bail to the petitioners.

6. Heard both sides and perused the materials available on record.

7. Considering the facts and circumstances of the case, the submissions made by both counsel, the injured were discharged from the hospital, the period of incarceration and the fact that the manner in which the occurrence had taken place, I am inclined to grant bail to the petitioners with certain conditions.

8. Accordingly, the petitioners are ordered to be released on bail 3/6

on their executing bonds for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, for a like sum to the satisfaction of the Judicial Magistrate Court-III, Vellore 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 Inspector of Police, Cuddalore Police Station 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 4/6

08.10.2025 Vv 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 Court-III, Vellore

2. The Inspector of Police, Veppankuppam Police Station, Thiruvallur District.

3. The Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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