Jayaprakash v. The State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33215 of 2025 Jayaprakash Petitioner Vs The State Represented by The Inspector of Police, Sathuvacheri Police Station, Vellore District.
Crime No.282 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.282 of 2025 on the file of the respondent police. For Petitioner:
Mr.K.Prasath For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 20.11.2025 for the alleged offence punishable under Sections 191(2), 191(3), 296(b), 118(1), 109(1) and 351(3) of BNS, in Crime No.282 of 2025, seeks bail.
2. The allegation against the petitioner is that due to previous enmity, the petitioner joined hands with other 8 accused and attacked the defacto complainant with a knife, causing severe injuries. Hence, the complaint was lodged and the petitioner was arrested.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner does not have any bad antecedents and that he is in judicial custody since 20.11.2025. Hence,
he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that there are totally nine accused in this case and the petitioner is ranked as A8. He further submitted that the petitioner has no previous case and that the injured was admitted in the hospital on 20.11.2025 and discharged on 30.11.2025. Hence, he opposed 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 injured was discharged from the hospital, petitioner has no previous case and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on
her 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.V, Vellore, 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 two 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. 04.12.2025 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.V, Vellore.
2.The Inspector of Police, Sathuvacheri Police Station, Vellore District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.33215 of 2025
04.12.2025