Babu v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL 1.Babu

2. Barath Kumar Petitioner(s) Vs The State Rep. by Inspector of Police, V-3, J.J. Nagar, Police Station, Chennai. Crime No.766 of 2025.

Respondent(s) PRAYER The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in Crl No.766 of 2025 on the file of the respondent and thus render justice.

For Petitioner(s):

Mr.S.Senthil Kumar For Respondent(s):

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

ORDER

The petitioners, who were arrested and remanded to judicial custody on 25.11.2025 for the offences punishable under Section 324(4) of BNS and under Section 3(1) of TNPPDL Act in Crime No.766 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, due to previous enmity, the petitioners attacked the auto of the defacto complainant and caused damage to it. Hence, the case.

3. The learned counsel for the petitioners would contend that the respondent police have registered a false case against the petitioners and they were arrested and remanded to judicial custody on 25.11.2025. In fact, the petitioners are innocent and they have not committed any offence as alleged by the prosecution. This case has been foisted against the petitioners for statistical purpose. Therefore prayed to grant of bail to the petitioners.

4. The learned Government Advocate (criminal side) would submit that this case was registered against the petitioners as they had attacked the auto of the defacto complainant. He further submitted that the petitioners have no previous case of similar nature. However, he strongly opposed to grant bail to the petitioners.

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

6. Taking into consideration of the facts and circumstance of the case and submissions made by the learned counsels, nature of offence and also considering the period of incarceration suffered by the petitioners and that there is no previous case pending against the petitioners, this Court is 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/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Ambattur, Chennai and on further conditions that:

[b] the petitioners shall report before the respondent police everyday at 10.30 a.m. for a period of one month; [c] the petitioners 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 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 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 269 B.N.S.2023.

26-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni/rpl 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.

To 1.The Judicial Magistrate, Ambattur, Chennai.

2.The Superintendent, Central Prison No.II, Chennai 3.The Public Prosecutor, Madras High Court, Chennai.

4.The Inspector of Police, V-3, J.J.

Nagar, Police Station, Chennai.

P.DHANABAL J.

Jeni/rpl 26-12-2025