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Madras High CourtCRL OP/35582/2025granted

Rajamohameed @ At Raja v. State Rep By, The Inspector Of Police

2025-12-26Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Rajamohamed @ AT Raja S/o. Arumugam, No 1/719, Periya Pallivasal Street, Arivolinagar Palladam, Tiruppur District. Now At Selvakumar Compound, Guruvayurappa Nagar, Arivolinagar, Palladam, Tiruppur District.

Petitioner(s) Vs State Rep By, The Inspector Of Police Palladam Police Station, Tiruppur District (crime No 1193 of 2025) Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation of the case in the crime no 1193 of 2025 on the file of the respondent.

For Petitioner(s):

Mr.M.Vijaya Ragavan For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.11.2025, for the alleged offences punishable under Sections 191(2), 191(3),

296(b) and 351(3) of BNS, Act 2023 and under Section 25(1A) of Arms Act, 1959 in Crime No.1193 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused abused the defacto complainant in a filthy language and also threatened him with dire consequences. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has no role in the alleged offence. He would submit that he has been falsely implicated in this case. He would further submit that the petitioner was arrested and is in judicial custody from 27.11.2025. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that investigation is pending, the offences are grave in nature and in this case, 1st accused was enlarged on bail. He also submitted that eight previous cases were pending against the petitioner. Hence, he opposed to grant bail to the petitioner.

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

6. Considering the rival submissions made by the learned counsel on either side, the nature of the offences and the fact that nobody was injured in this case and also 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 his executing 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, Palladam, Tiruppur District 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 he is accused, or suspected, or of the commission of which he 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 him 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 BNS.

26.12.2025 nr 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 Judicial Magistrate, Palladam, Tiruppur District 2.The Inspector of Police, Palladam Police Station, Tiruppur District 3.The Superintendent, Central Prison,Coimbatore.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

nr CRL OP No. 35582 of 26-12-2025