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Madras High CourtCRL OP/31622/2025granted

Prabhakaran v. The State Rep By, The Inspector Of Police,

2025-11-19Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Prabhakaran ... Petitioner -VsState Rep by, The Inspector of Police, Arakkonam Town Police Station, Ranipet District.

(Crime No.553 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in Crime No.553 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.D.Dhayanithi For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.09.2025, for the alleged offence punishable under Sections 296(b), 115(2), 118(2), 109(1), 351(3) of BNS r/w Section 25(1A) of Arms Act, in Crime No.553 of 2025, on the file of the respondent police, seeks bail. 1/6

2. The allegation against the petitioner is that he is a relative of A1, and that the injured was in a illicit relationship with A1's daughter, who continued the same despite repeated warnings to sever the relationship. On the date of the alleged occurrence A1 attacked the injured with a veecharuval and also severed his right hand. It is further alleged that the petitioner herein caught hold of the injured to facilitate the assault. Hence, the complaint was lodged and the petitioner was arrested and is now in judicial custody.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the major allegation is against the petitioner A1 and not against the petitioner. He also submitted that the petitioner was arrested and he is in judicial custody since 09.09.2025. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has no previous cases against him and that the investigation is still pending. However, he opposes to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions made by the learned counsel on both 2/6

sides, and upon perusal of the records, it is seen that the major allegations are against A1 and the allegation against the petitioner is only that he had caught hold of the injured, and considering the period of incarceration already undergone by the petitioner, and the fact that the petitioner has no previous case pending against him, this Court is inclined to grant bail to the petitioner.

8. 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 No.I, Arakkonam, Ranipet District, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall stay at Cuddalore and report before the Cuddalore Old Town Police Station, daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

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[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned 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 learned 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

19.11.2025 drl 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 No.I, Arakkonam, Ranipet District.

2.The Inspector of Police, Arakkonam Town Police Station, Ranipet District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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