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Madras High CourtCRL OP(MD)/13692/2025allowed

Dhineshkumar v. The State Of Tamilnadu Rep.By

2025-08-18Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI 1.Dhineshkumar 2.Manikandan 3.Vijayaragahavan 4.Ramkumar : petitioners/A2, A4, A3 & A5 Vs The State of Tamilnadu rep.by The Inspector of Police, Athiramapattinam Police Station, Thanjavur District.

(Crime No.402 of 2025) : Respondent/Complainant For petitioners : Mr.N.Balasubramanian, 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.402 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners/A2, A4, A3 & A5, who were arrested and remanded to judicial custody on 05.08.2025 for the offences punishable under Sections 132, 191(2), 296(b), 1/5

109(1) of BNS, in Crime No.402 of 2025 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the defacto complainant is the Sub-Inspector of Police. The petitioners/accused persons were involved in Crime No.401 of 2025, registered by the respondent police. It is alleged that when the defacto complainant approached the accused persons for an enquiry regarding the said case, the petitioners abused the complainant in filthy language. Furthermore, while seated in a car, the petitioners allegedly drove the vehicle in a rash manner, dashed against the complainant, and caused injuries. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide any conditions that may be imposed by this Court. The petitioners are in custody from 05.08.2025 and hence, they seek bail.

4. The learned Government Advocate (Criminal Side) submitted that the defacto complainant is the Sub-Inspector of Police. The petitioners/accused persons are involved in Crime No.401 of 2025, registered by the respondent police. It is alleged that when the defacto complainant approached the accused persons for an enquiry regarding the said case, the petitioners abused the complainant in filthy language. Furthermore, while seated in a car, the petitioners allegedly drove the 2/5

vehicle in a rash manner, dashed against the complainant, and caused injuries. He further submitted that the injured has been discharged from the hospital, the car driven by the accused person has been recovered and the investigation is still pending.

5.Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the injured person has been discharged from the hospital and that the date of occurrence is 04.08.2025, by this time most of the investigation might have been completed and the petitioners/A2, A4, A3 & A5 are in judicial custody from 05.08.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Pattukkottai 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 petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate, Pattukkottai. If the petitioners changes their 3/5

residential address, they shall report the same to the learned Judicial Magistrate, Pattukkottai;

[c] the petitioners shall appear and sign before the respondent police daily at 10.00 a.m., until further orders.

[d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners 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 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.

sd/- 18/08/2025 / TRUE COPY / 18/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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das TO

1. The Judicial Magistrate, Pattukkottai.

2. Do Through The Judicial Magistrate, Pattukkottai.

3. The Officer Incharge,District Prison, Pudukkottai.

4. The Inspector of Police, Athiramapattinam Police Station, Thanjavur District.

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

ORDER

IN CRL OP(MD) No.13692 of 2025 Date :18/08/2025 NBF/SAR- /18/08/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5