Nandha Kumar Vs State rep. By

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.376 of 2025 on the file of the respondent police.

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For Petitioner : Mr.V.Sudhakar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.26532 of 2025

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on

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12.09.2025 for the alleged offences punishable under Sections 296(b), 115(2), 118(2), 190, 191(2), 191(3), 351(3) of BNS r/w 145(b), 152, 153 of

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Railway Act, in Crime No.376 of 2025 on the file of the respondent police, seeks bail.

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The allegation is that there was a clash between the students of Thiyagaraya College and Presidency College and also Ambedkar College students, Vyasarpadi, at that time the petitioner and others were attacked the defacto-complainant and others with knife and stones. Hence, the case.

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The learned counsel appearing for the petitioner states that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

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Crl.O.P.No.26532 of 2025

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4. The learned Government Advocate (Criminal.Side) appearing for the respondent police reiterated the prosecution case. Hence, he opposed to grant bail to the petitioner.

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Heard both sides and perused the materials available on record.

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6. Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions;

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Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties , for a like sum to the satisfaction of the

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learned XVI Metropolitan Magistrate Court, George Town and on further conditions that:

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[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

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Crl.O.P.No.26532 of 2025

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obtain a copy of any one of the0 identity proofs to ensure their identity;

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[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;

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[c] 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 ];

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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

25.09.2025

dna

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Crl.O.P.No.26532 of 2025

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Note :

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

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All 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.

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To

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1.The XVI Metropolitan Magistrate Court, George Town.

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2.The Inspector of Police, Perambur Railway Police Station (Crime No.376 of 2025)

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3.The Superintendent, Central Prison, Puzhal.

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4.The Public Prosecutor High Court of Madras, Chennai 600 104.

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