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2025 DAILYLAW 34294 (MAD)

RAMESH v. STATE REP BY THE SUB INSPECTOR OF POLICE,

CRL OP/6787/2025 · 2025-03-10

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.6787 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.03.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6787 of 2025 Ramesh ... Petitioner/sole accused Vs. The State represented by, The Sub-Inspector of Police, Magudanchavady Police Station, Salem District. (Crime No.50 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.50 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.T.Murugnantham For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 15.02.2025, seeking bail in Crime No.50 of 2025 registered for the offence under Sections 296(b), 109(1) and 351(3) of BNS [ 294, 307 and 503 of IPC]. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6787 of 2025 2. The case of the prosecution is that petitioner is the husband of the defacto complainant; that there was a frequent quarrel between the petitioner and the defacto complainant, since petitioner used to quarrel with the defacto complainant in an inebriated condition; while so, on 15.02.2025, when the petitioner demanded money, defacto complainant refused, for which petitioner abused the defacto complainant and assaulted her and on the intervention of their son, defacto complainant was saved. Hence, the case. 3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false and in any case, the petitioner is in custody from 15.02.2025; and that further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner. 4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the injured has been discharged from the hospital. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6787 of 2025 5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record. 6. Considering, the nature of allegation against the petitioner, the period of incarceration; the fact that the injured has been discharged from the hospital and since further custody 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.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Sankari 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 stay at Erode and report before Inspector of Police, Erode Town Police Station everyday at 10.30 a.m., until further orders; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6787 of 2025 [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 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. 10.03.2025 Sma 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6787 of 2025 To 1. Judicial Magistrate -2, Sankari. 2.The Sub-Inspector of Police, Magudanchavady Police Station, Salem District. 3. The Superintendent, Central Prison, Salem. 5. The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6787 of 2025 SUNDER MOHAN., J. Sma Crl.O.P.No.6787 of 2025 10.03.2025 6/6 https://www.mhc.tn.gov.in/judis