Mathew Daniel v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.34987 of 2025 Mathew Daniel Petitioner Vs The State Represented by The Inspector of Police, Arakkonam Town Police Station, Arakkonam, Ranipet District.
Crime No.348 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.348 of 2025 on the file of the respondent police. For Petitioner:
Mr.G.Ashokkumar For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 19.05.2025 for the alleged offence punishable under Sections 191(2), 191(3), 329(4), 296(b), 115(2), 118(1), 109(1), 309(5), 351(3) of BNS Act, 2023 in Crime No.348 of 2025 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that he, along with four other accused, joined hands and attacked the defacto complainant, indiscriminately inflicting cut injuries, which resulted in severe injuries. Hence, a case was registered and the petitioner was arrested for the said offences.
3. Learned counsel appearing for the petitioner submitted that after the petitioner was arrested in this case, he was detained under Act 14 of 1982. Thereafter, the petitioner challenged the said detention and the same was set aside by order dated 24.10.2025 in HCP.No.1197 of 2025. He further submitted that though previous cases are cited against the petitioner, he has been in judicial custody since 19.05.2025. Hence, he prayed to grant bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner is having seven previous cases including 302 IPC. He further
submitted that investigation completed and the final report filed and the same was taken on file in S.C. No.125 of 2025 and the case is now posted for framing of charges. Hence, he opposed to grant bail to the petitioner.
5. Considering the submissions made by the learned counsel on either side, though it is stated that the petitioner has seven previous cases, the fact that the petitioner was earlier arrested and detained under Act 14 of 1982 and the same was set aside by this Court, and considering the period of his incarceration, 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.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Arakkonam, Ranipet District, 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
concerned Court daily at 10.30 a.m., for a period of four 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.
19.12.2025 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.I, Arakkonam, Ranipet District.
2.The Inspector of Police, Arakkonam Town Police Station, Arakkonam, Ranipet District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.34987 of 2025 19.12.2025