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Madras High CourtCRL OP/35324/2025granted

Arun v. The State Rep By Its,

2025-12-26Honourable Mr.Justice P. Dhanabal7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Arun Petitioner(s) Vs The State Rep By Its, The Inspector of Police, Vaniyambadi Town Police Station, Thirupathur District Cr.No.319/2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.319 of 2025 on the file of Inspector of Police, Vaniyambadi Town Police Station, Thirupathur District.

For Petitioner(s):

Mr.S. Sasikumar For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.11.2025 for the offences punishable under Sections 333, 296(b), 115(2), 351(3), 109(1) BNS 2023 r/w Section 3 of TNPPDL Act, in Crime No.319 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused, came to the tea shop of the defacto complainant and after consuming snacks worth Rs.500/-, refused to pay for the same and picked up a wordy quarrel with the defacto complainant, abused him with filthy language, and allegedly showing a knife and threatened the defacto complainant with dire consequences. Hence, this case.

3.The learned counsel appearing for the petitioner submitted that on account of previous enmity, a false complaint was lodged against the petitioner and there is no injury to anyone during the alleged occurrence and no one is hospitalized. He further submitted that the petitioner was inside the prison from 10.11.2025. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submits that on the alleged day of occurrence, the petitioner along with other accused came to the defacto complainant's tea shop and bought snacks worth Rs.500/- without giving money, due to which wordy quarrel arose and the petitioner had threatened the defacto complainant with knife, however

no injury has taken place. He further submitted that there is no previous cases pending against the petitioner. However, he opposed for the grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record. 6.Considering the rival submissions on either side, the nature of offences charged against the petitioner, that no one was injured, that there is no previous case pending against the petitioner and also considering the period of incarceration of the petitioner, I am inclined to grant bail to the petitioner subject to the following 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, Vaniyambadi, 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., until further orders;

[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.

26-12-2025 gbi/drl Index:Yes/No Speaking/Non-speaking order Internet:Yes

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 State Rep By Its, The Inspector of Police, Vaniyambadi Town Police Station, Thirupathur District Cr.No.319/2025 2.The Public Prosecutor, High Court of Madras.

3.The Judicial Magistrate, Vaniyambadi.

4.The Sub-Jail, Vaniyambadi.

P.DHANABAL J.

gbi/drl CRL OP No. 35324 of 26-12-2025