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Madras High CourtCRL OP/29036/2025granted

Dhinesh v. State Rep By The Inspector Of Police

2025-10-25Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.29036 of 2025 Dhinesh ... Petitioner Vs.

State rep by Inspector of Police, Naduveerapattu Police Station, Cuddalore District.

... Respondent (Cr.No.233 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.233 of 2025 on the file of the respondent police. For Petitioner : Mr.K.Raveendran 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 23.09.2025 for the alleged offence under Sections 115(2), 126(2), 138 , 1/6

191(2), 191(3), 115(2),118(1), 109 and 126(2) of BNS in Crime No.233 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner joining hands with other accused and abducted the defacto complainant and demanded money which was supposed to be shared by the defacto complainant with the petitioner and other accused, as it was earned from a business they conducted together. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution. Further, the petitioner is in judicial custody from 23.09.2025. 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 co-accused were enlarged on bail by this Court vide order dated 15.10.2025, in Crl.OP.Nos.28216 and 28195 of 2025. However, 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, co-accused were enlarged on bail and the period of incarceration, 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-I, Cuddalore 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 two weeks and thereafter as and when required for interrogation;

[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 3/6

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. 25.10.2025 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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To

1. The Judicial Magistrate-I, Cuddalore

2. The Inspector of Police, Naduveerapattu Police Station, Cuddalore District.

3. The Central Jail, Cuddalore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.29036 of 2025 25.10.2025 6/6