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Madras High CourtCRL OP/35407/2025granted

Sudhakar v. The State Rep By, The Inspector Of Police,

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

1. Sudhakar 2.Vijay 3.Vignesh Petitioner(s) Vs The State Rep by, The Inspector of Police, Peerkankaranai Police Station, Tambaram City. Cr.No.577/2025.

Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners/accused on regular bail in Cr.No.577/2025 on the file of the respondent police. For Petitioner(s):

Mr.R. Thamaraiselvan For Respondent(s):

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

ORDER

The petitioners, who were arrested and remanded to judicial custody on 17.11.2025 for the offences punishable under Sections 126(2), 296(b), 118(2), 131(2), 109(1), 351(3) of BNS 2023, in Crime No.577 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant and one Nandakumar were doing real estate business jointly, however, there was some money dispute arose between them. Due to that, on 16.11.2025 at 06.15 p.m., while the defacto complainant and his friend were travelling, the petitioners intercepted and waylaid them, brutally attacked the defacto complainant with knife on his head, caused multiple grievous injuries and also threatened him with dire consequences and fled away. Thereby, a case in Crime No.577 of 2025 has been registered on the file of the respondent police station. 3.The learned counsel for the petitioners submitted that the petitioners were arrested and remanded to judicial custody on 17.11.2025 and the injured person has been discharged from the hospital. He submitted that the petitioners are ready to abide by any conditions to be imposed upon them and they are

ready to offer substantial sureties before the Court and prays to grant bail to the petitioners.

4.The learned Government Advocate (Crl.Side) for the respondent police reported that due to money dispute, the petitioners along with other accused have brutally attacked the victim all over the body, due to which, he sustained injuries and the injured person has been discharged from the hospital. He further submitted that there is no previous cases pending against A4 and A5 and there are three previous cases pending against A3. Hence, he opposed for the grant of bail to the petitioners.

5. Heard both sides and perused the materials available on record. 6.Considering the rival submissions on either side, considering the nature of offences charged against the petitioners, considering the fact that there is no previous cases pending against A4 and A5 and that the injured victim was discharged from the hospital, and also considering the period of incarceration of the petitioners, I am inclined to grant bail to the petitioners subject to the following conditions:

6.

Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty

Thousand only) each with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tambaram 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 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];

[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, The Inspector of Police, Peerkankaranai Police Station, Tambaram City. Cr.No.577/2025.

2.The Public Prosecutor, High Court of Madras.

3.The Judicial Magistrate No.I, Tambaram.

4.The Central Prison, Puzhal, Chennai.

P.DHANABAL J.

gbi/jai CRL OP No. 35407 of 26-12-2025