Udaya v. The State Represented By,Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 35419 of 2025 Udaya S/o. Selvam, Chettykulam Selar Street, Pookkadaichattram, Kancheepuram.

Petitioner(s) Vs The State Represented By, Inspector of Police Siva Kanchi Police Station, Kancheepuram District (Crime No.366 of 2025) Respondent(s) PRAYER : To enlarge the petitioner on bail concern in Crime No.366 of 2025 on the file of the Inspector of Police, Siva Kanchi Police Station, Kancheepuram District.

For Petitioner(s):

Mr.R.Rajadurai For Respondent(s): Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

ORDER

The petitioner / Accused, who was arrested and remanded to judicial custody on 19.11.2025 for the offences punishable under Sections 126(2), 296(b), 115(2), 351(3) of BNS Act, 2023 r/w. Section 3(1) of TNPPDL Act, 1992 in Crime No.366 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner assaulted the defacto complainant who is the Auto driver and caused damage to the Auto front glass. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he was in judicial custody from 19.11.2025. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate appearing for the respondent would submit that the investigation is pending and the offences are grave in nature and there are several previous cases are pending against the petitioner of similar nature. Hence, he strongly opposed to grant bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, considering the nature of offences, that some of the previous cases are pending against the petitioner and in those cases already bail was granted to him and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kancheepuram, and on further

conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner 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 her 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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

30.12.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl / smn 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 Inspector of Police, Siva Kanchi Police Station, Kancheepuram District.

2. The Judicial Magistrate No.I, Kancheepuram. 3.The Sub Jail, Kancheepuram.

4.The Public Prosecutor, High Court, Madras.

P.DHANABAL , J.

mtl/rna CRL OP No. 35419 of 2025 30.12.2025