Ramaguru v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.33796 of 2025 Ramaguru ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Kuthalam Police Station, Mayiladuthurai District.

(Crime No.439 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.439 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. M. Vivek For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.09.2025 for the alleged offence punishable under Sections 126(2), 296(b), 232(1) and 351(3) of BNS in Crime No.439 of 2025 on the file of the respondent police, seeks bail. This is the successive bail application of the petitioner and the earlier bail applications of the petitioner herein were dismissed by this Court, vide orders dated 13.10.2025 and 03.11.2025 in Crl.O.P.Nos.27924 and 29799 of 2025 on the ground that the petitioner is a habitual offender with thirty two previous cases. 2.

The allegation against the petitioner herein is that, the petitioner abused the defacto complainant using filthy language and threatened him of dire consequences, who stood as one of the witnesses in a civil case against the petitioner herein. Hence, this case.

3.

The learned counsel appearing for petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 19.09.2025; that the earlier bail application of the petitioner was dismissed on the ground that the petitioner has 32 previous cases; that out of which, most of the cases are related to protest cases; that the investigation of 2/6

this case was completed and final report filed; that the plaintiff side evidence in the civil suit in O.S.No.216 of 2024 against the petitioner herein was closed and the case is posted for defendant side evidence; and that the petitioner is ready to abide by any condition that may be imposed by this Court and sought for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that the majority of the previous cases registered against the petitioner herein are protest cases; and that the investigation of this case was completed and final report filed.

5.

Considering the submissions made, facts and circumstances of the case, the fact that the investigation of the case was completed and final report filed, the fact that the majority of the previous cases against the petitioner herein are political protest cases and taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6.

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 3/6

Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Mayiladuthurai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the learned Judicial Magistrate No.I, Mayiladuthurai daily at 10:30 a.m., and thereafter, on all the hearing dates before the Trial Court concerned.

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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

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10.12.2025 stn 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, Mayiladuthurai.

2. The Inspector of Police, Kuthalam Police Station, Mayiladuthurai District.

(Crime No.439 of 2025)

3. The Superintendent, Sub Jail, Mayiladuthurai.

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

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Crl.O.P. No.33796 of 2025 10.12.2025 6/6