High Court · 2025

Crl. O.P. No. 21008 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.07.2025CORAM THE HONOURABLE MR. JUSTICE M.NIRMAL KUMARCrl. O.P. No. 21008 of 20251.Munusamy2.Ranjithkumar ... Petitioners/AccusedVs.State rep., byThe Inspector of Police,Arni Town Police Station,Tiruvannamalai District. ... Respondent(Crime No. 301 of 2025)PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail in Crime No.301 of 2025 pending on the file of the respondent police.For Petitioners:Mr. M. VigneshFor Respondent:Mr. R. VinothrajaGovernment Advocate (Crl.Side)O R D E RThe petitioners, who were arrested and remanded to judicial custody on 16.06.2025, for the offence punishable under Section 109(1), 115(2), 124(1), 1/7 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 21008 of 2025296(b) of BNS and Section 307(1), 323, 326A, 294(b) IPC in connection with Crime No.301 of 2025, registered on the file of the respondent, seek bail.2. The case of the prosecution is that there are totally three accused, the first petitioner/A1 was running tea shop, the second petitioner/A2 was working as tea master and A3 is the sister of A1. The first petitioner had borrowed a sum of Rs.2,70,000/- as loan from the defacto complainant to set up a shop and had returned only Rs.20,000/- to the defacto complainant. For remaining amount, he did not turned up. On the day of occurrence, the defacto complainant went to the petitioners tea shop and asked for money. At that time, the petitioners and other accused abused the defacto complainant in filthy language and thrown the hot bajji oil over him, due to which the defacto complainant sustained grievous injuries. Hence, the case.3. The contention of the petitioners is that the first petitioner had borrowed loan from the defacto complainant and he had repaid the part amount. There was some loss in the business, therefore, there was some delay in re-payment. The defacto complainant had been constantly harassing calling by phone, by personally and also abusing him. When the first petitioner was not in a 2/7 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 21008 of 2025shop, the defacto complainant had come and picked up quarrel with his sister, Indumathi and in the meanwhile, he fell over the boiling oil, which was kept for preparing bajji and other items, which has now projected as the petitioners had poured hot oil on the victim. He also submitted that the petitioner is no way connected with the alleged offence, however, he is suffering incarceration from 16.06.2025. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.4. Learned Government Advocate appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that on 15.06.2025, the victim has gone to the shop of the first petitioner and demanded money. At that time, the first petitioner's sister Indumati had abused him and slapped him. The second petitioner/tea master had assaulted him and him to get out of the shop. At that time, the first petitioner had come there and dragged the victim and immersed his face in the boiling oil. The defacto complainant was admitted in the Government Hospital, Arni. He sustained burn injuries to 80%. Though the defacto complainant was discharged, he has been continuously taking treatment. The learned Magistrate also recorded dying 3/7 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 21008 of 2025declaration of the defacto complainant. The act of the first petitioner is gruesome and hence, he strongly oppose the grant of bail to the petitioners. 5. Heard both sides and perused the materials available on record.6. Considering the submission and on perusal of the materials, this Court had also perused the dying declaration and the accident register. In view of the same, this Court is not inclined to grant bail for the first petitioner. Hence, bail petition as against the first petitioner is dismissed. 7. As regards the second petitioner is concerned, this Court is inclined to grant bail with certain conditions. 8. Accordingly, the second petitioner is ordered to be released on bail on his executing 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, Arni and on 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 second petitioner shall report before the respondent police at 10.30 am for a period of three weeks 4/7 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 21008 of 2025and thereafter, as and when required for interrogation;[c] the second petitioner shall make himself available for interrogation by a Police Officer as and when required;[d] the second petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[e] the second petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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];[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.28.07.2025AT5/7 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 21008 of 2025Note:1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. 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.To 1.The learned Judicial Magistrate Court, Arni. 2.The Inspector of Police, Arni Town Police Station, Tiruvannamalai District.3.The Superintendent, Central Prison, Vellore.4.The Public Prosecutor, High Court, Madras.6/7 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 21008 of 2025M.NIRMAL KUMAR, J.AT Crl.O.P.No.21008 of 202528.07.20257/7