Sarathi 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.27124 of 2025 Sarathi ... Petitioner Vs.

State Rep by Inspector of Police, Pathirvedu Police Station, Pathivedu, Tiruvallur District.

... Respondent (Cr.No.131 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.131 of 2025 on the file of the respondent police. For Petitioner : Mr.N.Lokesh Raj For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 04.09.2025 for the alleged offence under Sections 296(b), 132, 351(3) of BNS and Section 25(1A) of Arms Act 1959 in Crime No.131 of 2025 on the file of the respondent police, seeks bail.

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2. The allegations against the petitioner is that this petitioner had resisted the police officials from performing their duties and also threatened them with dire consequence. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner was not assaulted or caused any injury to the police officials and has been falsely implicated in this case. The petitioner is in judicial custody from 04.09.2025 He further submitted that the petitioner is ready to abide by any conditions that may be imposed by the this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is having one previous case, which is under Section 302 of IPC. He further submitted that the petitioner herein had arrested recently. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the facts and circumstances of the case, the submissions made by both counsel, and the period of incarceration. Though the petitioner is alleged to have attacked threatened the police officials, no one sustained any injury, I am inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Gummudipoondi 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 at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation;

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[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. 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.

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1. The Judicial Magistrate, Gummudipoondi

2. TheInspector of Police, Pathirvedu Police Station, Pathivedu, Tiruvallur District.

3. The Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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Vv Crl.O.P.No.27124of 2025 08.10.2025 6/6