N.Tamizhvanan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27701 of 2025
1. N. Tamizhwanan
2. M. Deepak Moorthy ... Petitioners/ A1 & A2 Vs The State rep. by, The Inspector of Police, Tiruttani Police Station, Tiruttani (Crime No.420 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.420 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. S. Prabhu For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioners, who were arrested and remanded to judicial custody on 21.08.2025, for the offences punishable under Sections 137(2), 127(2), 296(b), 115(2), 118(1), 351(3) of BNS r/w Section 4 of TNPHW Act altered into Sections 137(2), 140(2), 127(2), 296(b), 115(2), 118(1) and 351(3) of BNS r/w Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 r/w Section 4 of TNPHW in Crime No.420 of 2025, registered on the file of the respondent police, seek bail. The earlier bail application of the petitioners was dismissed by this Court, vide order dated 18.09.2025 in Crl.O.P.No.25692 of 2025. 2.
The case of the prosecution is that on account of money dispute between the defacto complainant and A3, the petitioners herein along with other accused abducted the defacto complainant, his wife and daughter and confined them in a lodge; that thereafter abused and assaulted them with plastic pipe and also threatened them of dire consequences. Hence, this case.
3.
The learned counsel appearing for the petitioners submitted 2/6
that the petitioners have no role at all in the alleged offence and only to evade the repayment of borrowed amount, a false complaint was lodged. He also submitted that the co-accused was granted bail by this Court vide order dated 11.09.2025 in Crl.O.P.No.24871 of 2025; that the investigation of this case is also completed and final report filed; and that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners.
4.
The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioners, reiterated the prosecution case and submitted that the investigation has been completed and final report also filed in this case.
5.
Considering the facts of the case, the fact that the investigation was completed and final report also filed in this case after the dismissal of the earlier bail application of the petitioners in Crl.O.P.No.25692 of 2025 and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. 3/6
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, Tiruttani 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 report the Trial Court concerned daily at 10:30 a.m., for a period of three weeks and thereafter, on all the hearing dates without fail; [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];
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[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
10.10.2025 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.
To
1. The Judicial Magistrate, Tiruttani.
2. The Inspector of Police, Tiruttani Police Station, Tiruttani.
(Crime No.420 of 2025)
3. The Superintendent, Central Prison, Puzhal, Chennai.
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K. RAJASEKAR, J.
stn
4. The Public Prosecutor, High Court of Madras.
Crl.O.P. No.27701 of 2025 10.10.2025 6/6