← Library
Madras High CourtCRL OP(MD)/11997/2025allowed

Dhineshkumar @ Dhil Dhinesh v. The State Of Tamilnadu Rep.By

2025-07-16Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Dhineshkumar @ Dhil Dhinesh, S/o.Balasubramani, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.544 of 2025) .. Respondent/Complainant For Petitioner : M/s.R.Alagumani Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.544 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 01.07.2025 for the offences punishable under Sections 296(b), 115(2), 118(1), 324 (2), 351(3) of BNS and Section 3 of TNPPDL Act in Crime No.544 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that this petitioner is the auto driver and he is working under the defacto-complainant. The defacto-complainant has stopped the petitioner from work, as the defacto-complainant was enraged by his act. Due to that motive, on 30.06.2025, at about 04.00p.m.,the petitioner scolded the defactocomplainant by using filthy language and attacked on his face and further he damaged the windshield of the auto. 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 offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody 2/6

from 01.07.2025 nearly 15 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner working as driver under the defacto-complainant. This petitioner has consumed liquor and daily he is coming for work in an inebriated condition, the defacto-complainant was enraged by the act of the petitioner and he had stopped the petitioner from work. Due to that motive, on 30.06.2025, this petitioner assaulted the defacto-complainant with stone and abused him by using filthy language. Due to which, the defacto-complainant had sustained simple injury and treated him in a hospital as out patient and discharged from hospital. This petitioner is having fourteen previous cases. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, injured discharged from hospital, the petitioner/accused remanded into judicial custody on 01.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a 3/6

bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.1, Karur District 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 make a non refundable deposit of Rs.2,000/- (Rupees Two Thousand only) to the credit of Crime No.544 of 2025, without prejudice to his defence before the trial Court; and on such deposit being made, the learned Judicial Magistrate No.1, Karur District shall accept the sureties furnished by the petitioner; [c] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.1, Karur District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, Karur District;

[d] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., until further orders.

4/6

[e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] 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 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 16/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn 5/6

TO

1. The Judicial Magistrate No.1, Karur District

2. Do Through The Chief Judicial Magistrate, Karur.

3. The Officer In-charge,Sub-Jail, Karur District.

4. The Inspector of Police, Karur Town Police Station, Karur District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.11997 of 2025 Date :16/07/2025 HPS/17.07.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6