CRL OP NO. 16837 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-06-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP NO. 16837 of 2025 Santosh Kumar @ Punk Santhosh s/o.moorthy no.24, mooventhir nagar keelznaduvaankari anna nagar chennai-600040. Petitioner(s) Vs The State Rep. by the Inspector of Police, k4 anna nagar police station chennai. Respondent(s) Cr.No.492/2025 PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/Accused on bail in Crime No.492 of 2025 pending on the file of the Respondent police. For Petitioner(s): Mr.P.Krishna Moorthy For Respondent(s): Mr.L.Baskaran Govt Advocate (crl Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 19.05.2025, for the offence punishable under Sections 126(2), 296(b), 115(2), 109, 351(3) of BNS in connection with Crime No.492 of 2025, registered on the file of the respondent, seeks bail. 2. The case of the prosecution is that due to previous enmity, the petitioner is said to have abused the defacto complainant in filthy language and also hit him with bike and caused head https://www.mhc.tn.gov.in/judis injury. Hence the case. 3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he is ready to abide by any condition imposed by this court and prayed for anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, submitted that due to the attack of the petitioner with bike, the defacto complainant sustained grievous injuries and he spent Rs.10,000/- for the medical expenses and the petitioner has five previous cases pending against him. 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record. 6. Considering the submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioner, nature of the allegations and the fact that the petitioned incurred Rs.10000/- towards medical expenses, this Court is inclined to grant bail to the petitioner on certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing separate 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 learned Metropolitan Magistrate-V, Egmore Court, and on https://www.mhc.tn.gov.in/judis further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall appear before the respondent police daily at 10.30 a.m, for a period of two weeks and thereafter as and when required for interrogation; c) the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.492 of 2025 before the learned Metropolitan Magistrate-V, Egmore Court and the trial court without dispensing the notice to the petitioner shall hand over Rs.10,000/- to the defacto complainant. It is made clear that the said deposit of Rs.10,000/- will not be considered as an admission of offence by the petitioner. The respondent police shall inform the defacto complainant to file a petition seeking return of the amount of Rs.10,000/-. [d] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen https://www.mhc.tn.gov.in/judis M. NIRMAL KUMAR.,J gv days, he shall comply to the directions as may be given by the Court in this regard; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 13-06-2025 To 1. The Metropolitan Magistrate-V, Egmore Court 2. The State Rep. by the Inspector of Police, k4 Anna nagar police station chennai. 3. The Superintendent Central Prison, Puzhal 4. The Public Prosecutor High Court, Madras. CRL OP NO. 16837 of 2025 https://www.mhc.tn.gov.in/judis