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Madras High CourtCRL OP/27990/2025granted

Pugazhenthi v. The Union Territory Of Puducherry Represented By,

2025-10-14Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Pugazhenthi Petitioner(s) Vs The Union Territory of Puducherry Represented by, The Station House Office, Dhanvantri Nagar Police Station, Puducherry.

(Crime No. 193/2025) Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No. 193/2025, on the file of the Respondent police.

For Petitioner(s):

Mr.A.E. Ravichandran For Respondent(s):

Mr.K.S.Mohandass Public Prosecutor for Pondicherry.

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.09.2025, for the offence punishable under Section 296(b), 109, 115(2),

351(3) of BNS, 2023 in Crime No.193 of 2025, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on September 28, 2025, the accused obstructed the road by dumping garbage, setting it on fire, and parking twowheelers, blocking the passage and preventing the defacto complainant from reaching her home. When the complainant and her husband requested the accused to move the vehicles, the accused abused and assaulted the defacto complainant's husband and sister Gnanasundari with a knife. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration from 29.09.2025. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, submitted that the petitioner, the sole accused in this case.

The injured was admitted to JIPMER hospital and later discharged. Hence, the Government Advocate strongly opposed granting bail to the petitioner. 5.

Considering the facts and circumstances of this case, and and also taking into account the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.

6. 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, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Puducherry 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 stay at Kariakal and report before the Kariakal Town Police Station, daily at 10.00 a.m., for a period of two weeks.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

14-10-2025 Gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

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 Union Territory of Puducherry Represented by, The Station House Office, Dhanvantri Nagar Police Station, Puducherry.

2. The Judicial Magistrate No.1, Puducherry.

3. The Central Prison, Puducherry.

4. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 27990 of 14-10-2025