Sakthivel 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 Sakthivel ... Petitioner Vs.

The State represented by The Inspector of Police, P-5 MKB Nagar Police Station, Chennai District.

(Crime No.459 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.459 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.P. Muthamizh Selvakumar 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 18.09.2025, for the offence punishable under Sections 191(3), 296(b), 115(2), 109 of BNS, in Crime No.459 of 2025, registered on the file of the respondent, seeks bail.

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2. The allegation against the petitioner is that the petitioner joined with other accused attacked the defacto complainant with knife and wooden log, due to which, the defacto complainant sustained injuries. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he did not attacked the injured and others who attacked the injured have already been granted bail by the trial Court. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and co-accused were released on bail. Hence, he strongly opposed the grant of bail to the petitioner.

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

6. Considering the fact that the co-accused already granted bail by the Lower Court and also the fact that injured victim discharged from the hospital and taking into account the period of incarceration, this Court is 2/6

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.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned X Metropolitan Magistrate Court, Egmore, 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 10.00 a.m. for 30 days, and thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen 3/6

days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 08.10.2025 sma Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

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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 X Metropolitan Magistrate Court, Egmore. 2.The Inspector of Police, P-5 MKB Nagar Police Station, Chennai District.

3.The Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

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