John Alias Johnson v. The State Represented By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.12.2025
CORAM
THE HON'BLE Mr.JUSTICE P.DHANABAL CRL OP.No.35585 of 2025 1.John alias Johnson S/o.Baskar 2.Abdul Kareem S/o.Modah Yusuf ... Petitioners/Accused2&6 Vs State represented by:
The Inspector of Police, B1 North Beach Station, Chennai.
[Cr. No.364 of 2025] .... Respondent/ Complainant PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., praying to grant bail to the petitioners / Accused 2 and 6 in Cr.No.364 of 2025 on the file of the respondent police. For Petitioner : Mr.D.Padmanabhan For Respondent : Mr. S.Vinoth Kumar, Government Advocate (Crl. Side)
ORDER
The petitioners/Accused 2 and 6, who were arrested on 17.11.2025 and remanded to judicial custody on the same day for the offences punishable under Sections 191(2), 126(2), 296(b), 115(2), 118(1), 109(1) and 351(3) of BNS, 2023, in Cr.No.364 of 2025 on the file of the respondent police, seek bail.
1/6
2.The case of the prosecution is that the complainant was severely attacked by the petitioners along with the co-accused, due to which, he suffered several injuries. Hence, the case.
3.The learned counsel appearing for the petitioners submit that the petitioners had not committed any offence as alleged and the petitioners had been falsely implicated in this case. He further submitted that the petitioners are ready and willing to furnish substantial sureties for their due release and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prays to grant bail to the petitioners. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting bail to the petitioner by stating that the victim was assaulted by the petitioners along with the other accused, due to which, he suffered several injuries and admitted to hospital. He would further submit that the investigation is pending and the injured got discharged from the hospital and there are 17 previous cases as against A2 and no previous case as against A6. 2/6
5.Heard both sides and perused the materials available on record. 6.Considering the representations made on both sides and considering the nature of offence, the fact that the co-accused were released on bail and that there is no previous case as against A6 and though there are many previous case as against A2, he was released on bail and the fact that the injured got discharged from the hospital and also considering the period of incarceration of the petitioners from 17.11.2025, I am inclined to grant bail to the petitioners, subject to the following conditions:
[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- each (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned VII Metropolitan Magistrate, George Town, and on further conditions that:
[b] the petitioners shall report before the respondent police daily at 10.30 A.M., until further orders.
[c] the petitioners shall not commit any offence similar to the offence of which they were accused, or suspected, or of the commission of which they are suspected;
3/6
[d] the petitioners shall not abscond either during investigation or trial;
[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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 P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
30.12.2025 ssa/gya 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 official website of this Court will be watermarked and will also have a QR code.
4/6
To 1.The VII Metropolitan Magistrate, George Town. 2.The Public Prosecutor, Madras High Court, Chennai. 3.The Inspector of Police, B1 North Beach Station, Chennai.
4. The Superintendent, Central Prison-II, Puzhal. 5/6
P.DHANABAL ,J ssa/gya CRL.O.P. No.35585 of 2025 30.12.2025 6/6