Kumaran v. The State Rep.By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2025 CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR 1.Kumaran 2.Mohan @ Mohanraj 3.Prakash @ Prakashraj ... Petitioners -VsState Rep by, The Inspector of Police, Ethappur Police Station, Salem District.
(Crime No.465 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.465 of 2025 pending on the file of the respondent police.
For Petitioner :
Mr.C.Deepakkumar For Respondent :
Mr.A.Gopinath, Government Advocate (Crl. Side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on 04.11.2025, for the alleged offence punishable under Sections 191(2), 191(3), 1/6
296(b), 115(2), 127(2) and 109(1) of BNS, in Crime No.465 of 2025, on the file of the respondent police, seeks bail.
2. The allegation against the petitioners is that the petitioners joined hands with other accused attacked the defacto complainant by using a beer bottle and other deadly weapons, thereby causing injuries to him. Hence, the complaint.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and have been falsely implicated in this case. He further submitted that though it is alleged that the petitioners caused severe injuries, the injured has already been discharged from the hospital and the petitioners have no previous cases against them. Hence, he prayed for grant of bail to the petitioners.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that injured was discharged from the hospital after undergoing treatment of four days and that some of the accused are still absconding. Hence, he opposed for the grant of bail to the petitioners.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the above facts and circumstances of the case, the 2/6
submissions made by the learned counsel on either side, the fact that the injured was discharged from the hospital, and the petitioners are not having any previous cases against them and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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, Attur 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the 3/6
learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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.
25.11.2025 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.
To 1.The Judicial Magistrate No.I, Attur.
2.The Inspector of Police, Ethappur Police Station, Salem District.
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3.The Superintendent, Central Prison, Salem.
4.The Public Prosecutor, High Court, Madras.
K. RAJASEKAR, J.
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