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Madras High CourtCRL OP/35884/2025granted

Madhankumar v. State Rep. By

2025-12-26Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL 1.Madhankumar 2.Kesavan ... Petitioner/A5 & A6 Vs.

The State represented by The Inspector of Police, Minjur Police Station.

(Crime No.734 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023 to enlarge the petitioner on bail in connection with Crime No.734 of 2025 on the file of the respondent police.

For Petitioner : Mr.Tharamarikanna For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 26.11.2025 for the alleged offences punishable under Sections 296(b), 115(2), 126(2), 191(2), 191(3), 351(3) and 109 of BNS in Crime No.734 of 2025, on the file of the respondent police, seek bail. 1/6

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused assaulted the de-facto complainant with knife all over his body, thereby he sustained grievous injuries. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that there is no previous case against the petitioners. Further the injured also discharged from the hospital. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that in this case totally there are 7 accused, the petitioners are arrayed as A5 and A6. He further submitted that the injured discharged from the hospital. He further submitted that there is no previous case pending against the petitioners. However, he opposed to grant bail to the petitioners. 2/6

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the nature of offence and the period of incarceration undergone by the petitioners and the fact that injured has been discharged from the hospital and also the fact that petitioners have no previous case, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Ponneri, and on further conditions that:- [b] the petitioners shall report before the respondent police everyday at 10.30.a.m., until further orders; [c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners shall not directly or indirectly make any inducement, 3/6

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 BNS.

26.12.2025 rsi/dna 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.

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To 1.The Judicial Magistrate No.I, Ponneri.

2.The Inspector of Police, Minjur Police Station.

3.The Superintendent, Central Prison, Puzhal-II, Chennai.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

rsi 26.12.2025 6/6