Abineshkumar @ Abinesh v. State Rep By The Station House Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2025
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Abineshkumar
2. Elango
3. Navarasan
4. Agathiyan ... Petitioners in Crl.O.P.No.31520 of 2025 1.Bala
2. Gopinath .... Petitioners in Crl.O.p.No.31611 of 2025 Vs.
The State represented by The Station House Officer, Nettapakkam Police Station, Pondicherry.
(Crime No.131 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.131 of 2025 pending on the file of the respondent Police. For Petitioner 1/8
in Crl.O.P.No.31520 of 2025:
M/s.S.Saravanakumar For Petitioner in Crl.O.P.No.31611 of 2025:
M/s.V.S.Senthilkumar For Respondent :
Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioners in Crl.O.P.No.31520 of 2025, who were arrested and remanded to judicial custody on 05.11.2025, for the offence punishable under Sections 296(b), 353 of BNS and 25(1-A) of Arms Act read with Section 3(5) of BNS @ 191(3), 351(3) and 25(1-A) of Arms Act in Crime No.64 of 2025, registered on the file of the respondent, seeks bail. The petitioners in Crl.O.P.No.31611 of 2025, who were arrested and remanded to judicial custody on 05.11.2025, for the offence punishable under Sections 296(b), 353(3) of BNS and 25(1-A) of Arms Act read with Section 351(3) of BNS and Section 25(1-A) of Arms Act read with Section 3(5) BNS subsequently altered into Sections 191(3), 296(b), 351(3) of BNS and 25(12/8
A) of Arms Act read with Section 190 BNS, 2023 in Crime No.64 of 2025, registered on the file of the respondent, seeks bail.
2. The allegation against the petitioners is that, due to previous enmity, petitioners along with other accused threatened the defacto complainant with dire consequences and also attacked with wooden log and knife, due to which, defacto complainant sustained injuries. Hence, the case.
3. The learned counsel appearing for the respective petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prayed for grant of bail to the petitioners.
4. The learned Government Advocate (Crl. Side) opposed for grant of bail to the petitioner by reiterating the prosecution case and also submitted that the injured has been discharged from the hospital. 3/8
5. Considering the nature of the offence committed by the petitioners and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner with certain conditions:
6. Accordingly, the petitioners are ordered to be released on bail on their 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 No.I, 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 petitioners shall report before the 4/8
respondent police on every Saturday at 10.30.a.m., for a period of two months and thereafter as and when required for interrogation;
[c] the petitioners 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 petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen 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 5/8
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. 19.11.2025 sma 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 No.I, Puducherry.
2.The Station House Officer, Nettapakkam Police Station, 6/8
Pondicherry.
3.The Central Prison, kalapet 4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
sma 7/8
19.11.2025 8/8