Bharathguru v. State, the Inspector of Police,

ORDER This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 29.04.2025, seeking bail in Crime No.87 of 2025 registered for the offence under Sections 296(b), 126(2) & 109(1) Page No.1 of 5 of BNS, 2023.

2.It is the case of the prosecution that due to wordy quarrel, the petitioner along with the other accused had abused the defacto complainant in filthy language, assaulted him with wooden log and caused injuries and threatened him of dire consequences. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent. He would further submit that the injured has been discharged from the Hospital. He would further submit that the petitioner is in custody from

29.04.2025 and hence, further custody is not required and sought for bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and confirmed the fact that the injured was discharged from the hospital.

5.Heard the learned counsel on either side and perused the materials available on record. Page No.2 of 5

6.Considering the nature of allegations, the period incarceration and the fact that the injured has been discharged from the hospital and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions:

7.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 XVIII Metropolitan Magistrate, Saidapet, Chennai 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, everyday at

10.30 a.m., for a period of 2 months and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Page No.3 of 5 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

28.05.2025 rkp/ata Note :

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Copy to:

1.The Inspector of Police, J-13, Tharamani Police Station, Tharamani, Chennai.

2.The XVIII Metropolitan Magistrate, Saidapet, Chennai.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras. Page No.4 of 5 K.GOVINDARAJAN THILAKAVADI.J., rkp/ata

28.05.2025 Page No.5 of 5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.05.2025 CORAM THE HON'BLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI Bharathguru ...Petitioner/Accused-3 Vs. State rep by The Inspector of Police, J-13, Tharamani Police Station, Tharamani, Chennai. (Crime No.87 of 2025) ... Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.87 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Vellidoss For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)