Arun Kumar Vs The State rep by The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.760 of 2024 on the file of the respondent police.

¶11

For Petitioner:

¶12

Mr.A.J.Magendiraverman

¶13

For Respondent:

¶14

Mr.A.Gopinath Government Advocate (Crl.side)

¶15

ORDER

¶16

The petitioner, who was arrested and remanded to judicial custody Page 1 of 6

¶17

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

¶18

on 23.09.2025 based on execution of NBW dated 26.08.2025 in S.C.

¶19

No.419 of 2025 pending trial on the file of the learned II Additional District and Sessions Judge, Tiruvallur at Poonamallee for the offences under Sections 191(2), 191(3), 126(2), 296(b), 115(2) and 109 of BNS r/w 190 of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 read with Section 190 of BNS, seeks bail.

¶20

The learned counsel appearing for the petitioner submitted that originally the petitioner was earlier arrested and released on bail and was regularly appearing before the Trial Court for the case in S.C. No.419 of 2025 and since he was unable to appear before the Trial Court on 26.08.2025, a NBW was issued as against the petitioner and subsequently, he was arrested on 23.09.2025. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

¶21

Earlier, this Court dismissed the bail petition filed by the petitioner in Crl.OP.No.31168 of 2025 dated 14.11.2025 on the ground that the petitioner has bad antecedents and the trial has not progressed.

¶22

Now, the learned Government Advocate (Crl.Side) appearing

¶23

for the respondent reported that, out of 11 accused, some of the accused

¶24

Page 2 of 6

¶25

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

¶26

are still not appearing before the Trial Court. He further submitted that

¶27

the petitioner has 13 previous cases pending against him, though they are

¶28

not of a similar nature. Hence, he opposed to grant bail to the petitioner.

¶29

Considering the submissions made by the learned Government Advocate (Crl.Side) that some of the accused are still not appearing before the Trial Court, and though previous cases have been cited against the petitioner, they are all theft cases, and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

¶30

Accordingly, the petitioner is ordered to be released on bail on

¶31

his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of

¶32

the learned II Additional District and Sessions Judge, Tiruvallur at

¶33

Poonamallee and on further conditions that:-

¶34

[a] the sureties shall affix their photographs and

¶35

Left Thumb Impression in the surety bond and the Magistrate

¶36

may obtain a copy of their Aadhar card or Bank pass Book to

¶37

ensure their identity;

¶38

[b] the petitioner shall report before the

¶39

Page 3 of 6

¶40

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

¶41

concerned Court daily at 10.30 a.m., for a period of six weeks and thereafter as and when required for interrogation.

¶42

[c ] the petitioner shall not abscond either during investigation or trial;

¶43

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

¶44

[e] On breach of any of the aforesaid conditions,

¶45

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];

¶46

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

19.12.2025

drl

Page 4 of 6

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

¶51

Note:

¶52

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

¶53

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.

¶54

To

¶55

1.The II Additional District and Sessions Judge, Tiruvallur at Poonamallee.

¶56

2.The Inspector of Police, SRMC Police Station, Tiruvallur District.

¶57

3.The Superintendent, Central Prison-II, Puzhal, Chennai.

¶58

4.The Public Prosecutor, High Court, Madras.

¶59

Page 5 of 6