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Madras High CourtCRL OP/27242/2025granted

K.V.Narayanasamy @ Menambedu Narayanan v. State Rep By, Inspector Of Police

2025-10-07Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.27242 of 2025 K.V.Narayanasamy @ Menambedu Narayanan ... Petitioner Vs.

State Rep by its, The Inspector of Police, M-3 Puzhal Police Station, Chennai.

... Respondent (Cr.No.761 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.761 of 2025 on the file of respondent police. For Petitioner : Mr.G.Mohana Krishnan 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 06.09.2025, for the offence punishable under Sections 115(2), 126(2), 296(b), 140(2), 351(3) of BNS, 2023, in Crime No.761 of 2025, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution is that due to property dispute, petitioner along with other accused attacked the defacto complainant and also threatened with dire consequences. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner did not committed any offence as alleged by the prosecution and there is no specific overtact as against the petitioner, the only allegation as against the petitioner is that they tried to get the signature from the defacto complainant, there was no abduction or even there is no injury to the victim, no offence was committed, he is suffering incarceration from 06.09.2025. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the injured has been discharged from the hospital. He further submitted that there are two previous case pending against the petitioner. Hence, he opposed to grant bail to the petitioner.

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

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the injured has been discharged from the hospital, considering the period of incarceration undergone by the petitioner, this Court is 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Madhavaram 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 daily at 10.30 a.m., for a period of two 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. 07.10.2025 kmm 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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To

1. The Judicial Magistrate, Madhavaram.

2. The Inspector of Police, M-3 Puzhal Police Station, Chennai.

3. Central Prison, Puzhal.

4. The Public Prosecutor High Court, Madras.

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K.RAJASEKAR , J.

kmm Crl.O.P.No.27242 of 2025 07.10.2025 6/6