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Madras High CourtCRL OP/32200/2025granted

Rajesh v. The State Represented By

2025-11-25Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Rajesh ... Petitioner -VsState Rep by, The Inspector of Police, Walajabad Police Station, Kanchipuram District.

(Crime No.371 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.371 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.A.Saranraj For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.11.2025, for the alleged offence punishable under Sections 296(b), 118(1), 351(3), of BNS read with Section 4 of TNPHW Act and later altered into under 1/6

Sections 296(b), 118(1), 351(3) and 109 of BNS read with Section 4 of TNPHW Act, in Crime No.371 of 2025, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner, who is ranked as A1 in this case, is that, due to quarrel with the complainant, the petitioner along with other accused used a knife and caused cut injuries and attempted to commit murder. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner and his father also injured in the same occurrence, and that the petitioner is not having any previous case against him and he has been falsely implicated in this case. He also produced the Accident Register issued by the hospital to substantiate that the petitioner had also suffered injuries. 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 injured in this case suffered serious injuries. He was admitted in the hospital on 02.11.2025 and discharged only on 20.11.2025. Hence, he opposed for the grant of bail to the petitioner.

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

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6. Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side and the fact that the petitioner is not having any previous case and the injured discharged from the hospital and the petitioner is in judicial custody from 05.11.2025, this Court is 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 No.II, Kanchipuram, 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 Trichy and report before Trichy Cantonment 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;

[d] the petitioner shall not tamper with the evidence or 3/6

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.

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.II, Kanchipuram.

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2.The Inspector of Police, Walajabad Police Station, Kanchipuram District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

K. RAJASEKAR, J.

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