Chandran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Chandran ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

Cr.No.288/2025.

... Respondent/Complainant For Petitioner :

Mr. Bharathi Kannan Advocate For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.288 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/5

The petitioner/Accused, who was arrested and remanded to judicial custody on 07.05.2025 for the alleged offences punishable under sections 189(2), 329(4), 296 (b), 115(2), 118(1), 109(1) and 351(3) of BNS, 2023 and Section 4 of TNPHW Act, in Crime No.288 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, there was a wordy quarrel arose between the parties and that the petitioner herein has attacked the defacto complainant and also abused him in filthy language. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. Hence, he seeks bail.

4. The learned Government Advocate (Crl. side) appearing for the respondent - Police submitted that the injured was discharged from the hospital and that there is no previous case pending against the petitioner. He further submitted that the investigation of the case is pending and hence, he strongly, opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital and that there is no previous case pending against the petitioner and also taking into consideration the period of incarceration, this court is inclined to grant bail to the petitioners, subject 2/5

to the certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Valliyoor 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 petitioner shall report before the respondent police daily at 10.30 am until further orders;

[c] the petitioner shall submit his residential address and contact number to the learned Judicial Magistrate, Valliyoor. If he changes the residence, he shall inform the same to the said Magistrate without fail. [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] on breach of any of the aforesaid conditions, the learned 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 3/5

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]; and [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 04/06/2025 / TRUE COPY / 04/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI, THIRUNELVELI DISTRICT.

4 THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.KR.BHARATHI KANNAN, Advocate ( SR-5918[I] dated 04/06/2025 ) 4/5

ORDER

IN CRL OP(MD) No.9253 of 2025 Date :04/06/2025 NBF/04.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5