Balasubramani v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.34432 of 2025

1. Balasubramani

2. Krishnakumar ... Petitioners/ A1 & A2 Vs The State rep. by, The Inspector of Police, Dharapuram Police Station, Tiruppur District.

(Crime No.506 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.506 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. T. Shunmugarajeshwaran For Respondent(s) :

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

ORDER

The petitioners, who were arrested and remanded to judicial custody on 26.10.2025 for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.506 of 2025, registered on the file of the respondent police, seek bail.

2.

The case of the prosecution is that, the petitioners herein are the father and son, who are the neighbours of the defacto complainant; that on 25.10.2025, due to a petty issue, a sudden quarrel between the defacto complainant's husband and the petitioners herein arouse; that thereby the petitioners herein abused and assaulted the defacto complainant's husband using silver plate; that thereby the defacto complainant's husband sustained injuries and admitted to hospital. Hence, a complaint was lodged by the defacto complainant and subsequently, the petitioners herein were arrested. 3.

The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they are in judicial custody since 26.10.2025; that the petitioners herein are father and son and they are the neighbours of the defacto complainant; that on account of petty issue, a wordy quarrel arouse between the defacto complainant's 2/6

husband and the petitioners herein and both parties exchanged blows; that the petitioners have no previous cases; that the injured in this case is already having neurological health issues; and that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioners reiterated the prosecution case and submitted that the petitioners have no previous antecedents; that there are totally two accused involved in this case and the petitioners herein are arrayed as A1 and A2; that the injured is still under treatment in hospital and he has some health issues prior to the occurrence; and that the investigation of the case is pending. 5.

I have considered the submissions made on both sides and perused the materials available on record.

6.

Though it is stated that the injured still undergoing treatment in hospital, the injured in this case is having neurological health issues even prior to the alleged occurrence and considering the fact that the petitioners have no previous antecedents, the manner in which the occurrence had taken 3/6

place and taking note of the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners herein with certain conditions.

7.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Dharapuram, Tiruppur District 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 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] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in 4/6

P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

16.12.2025 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, Dharapuram, Tiruppur District.

K. RAJASEKAR, J.

stn 5/6

2. The Inspector of Police, Dharapuram Police Station, Tiruppur District.

(Crime No.506 of 2025)

3. The Superintendent, Central Prison, Coimbatore, Coimbatore District.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.34432 of 2025 16.12.2025 6/6