Daniel v. The State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.32544 of 2025 Daniel Petitioner Vs The State Represented by The Inspector of Police, Tambaram Police Station, Chennai.
Crime No.500 of 2025.
Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.500 of 2025 on the file of the respondent police. For Petitioner:
Mr.K.M.Mohamedziauddin For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 22.10.2025 for the alleged offence punishable under Sections 191(1), 191(2), 126(2), 109(1) & 351(2) of BNS, 2023 in Crime No.500 of 2025, seeks bail.
2. The case of the prosecution is that on 21.10.2025, due to previous enmity, petitioner along with other accused abused the defacto complainant in filthy language and also attacked the defacto complainant with knife, due to which, defacto complainant sustained injuries. Hence, the complaint.
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 co-accused/A5, A7 to A9, A10 & A11 were released on bail by this Court. He further submitted that the petitioner is in judicial custody from 22.10.2025. 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 there are 14 accused in this case. The petitioner is ranked as A3 and that the petitioner has no previous case against him. Hence, 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 either side, the fact that the co-accused was released on bail by this Court in Crl.OP.Nos.32343 of 2025 dated 26.11.2025, the petitioner has no previous case against him and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five
Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tambaram, 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 report before the respondent police 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;
[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. 27.11.2025 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, Tambaram.
2.The Inspector of Police, Tambaram Police Station, Chennai.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.32544 of 2025
27.11.2025