Gnanasekar v. The State Rep by the Inspector of Police

O R D E R The petitioner, who was arrested and remanded to judicial custody on 04.08.2025, for the offence punishable under Sections 126(2), 296(b), 121(1), 109 and 132 of BNS, 2023, in Crime No.383 of 2025, registered on the file of the respondent, seeks bail.

¶2According to the prosecution, the petitioner and others parked their vehicle in the middle of the road, thereby causing a public nuisance. When the police officials to discharge their duty by preventing the nuisance, the petitioner and others engaged in a quarrel with the police and used abusive and filthy language. Hence, the present case has been registered.

¶3The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that the petitioner had attacked the defacto complainant on his head, thereby causing injuries.

¶4Heard both sides and perused the materials available on record.

¶5Considering the said fact and the petitioner has been in judicial custody for more than 42 days and the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶6Accordingly, 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 learned Judicial Magistrate Court No.1, Namakkal; [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 report before the respondent police on every Monday at 10.30 a.m., until further orders; [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];

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

15.09.2025 rpl 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. To

1.The Judicial Magistrate Court No.1, Namakkal

2.The Inspector of Police Namakkal Police Station, Namakkal District.

3.The Central Prison, Salem.

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.09.2025 CORAM THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Gnanasekar ... Petitioner Vs. The State rep by The Inspector of Police Namakkal Police Station, Namakkal District. Crime No.383 of 2025. ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with case in Crime No.383 of 2025 pending investigation on the file of the respondent police by appreciating the above stated fact For Petitioner : Mr.M.Guruprasad For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)