B.Santhiya v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.01.2025

CORAM

THE HON`BLE MR.JUSTICE G.R. SWAMINATHAN CRL OP.No.1206 of 2025

1. B. Santhiya

2. B. Ajith ... Petitioners / Accused-1 & 2 Vs State represented by:

The Inspector of Police, E3 Minjur Police Station, Avadi City Police.

... Respondent [Cr. No.546 of 2024] PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioners/Accused on bail in Cr. No.546 of 2024 on the file of the respondent police.

For Petitioner : Mr. R. Sasikumar For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate [Criminal side] 1/5

ORDER

Heard the learned counsel on either side.

2. The petitioners stand accused in Cr. No.546 of 2024 for the offences under Section 326(g) read with 61(2) and 49 of B.N.S. on the file of the respondent police. They were arrested and remanded into judicial custody on 21.12.2024.

3. The 1st petitioner is said to had illicit relationship with the defacto complainant and the defacto complainant tried to misbehave with the daughter of the 1st petitioner and hence, there was a wordy quarrel between the parties, due to which, the petitioners set fire to the house of the defacto complainant.

4. Though the allegations made against the petitioners are serious in nature, their continuity of incarceration will not serve any purpose.

5. Considering the nature of allegations and the period of incarceration already underwent by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail 2/5

on condition that each of them shall execute 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 Judicial Magistrate-II, Ponneri and on further conditions that:

[b] the petitioners shall report before the respondent police daily at 10.00 a.m. until further orders;

[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned 3/5

Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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)AIR SCW 5560]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

17.01.2025 index: Yes/No Internet: Yes/No Speaking/Non Speaking order mjs To 1.The Judicial Magistrate-II, Ponneri 2.The Public Prosecutor, Madras High Court, Chennai.

3. The Inspector of Police, E3 Minjur Police Station, Avadi City Police.

4. The Superintendent of Police, Central Prison-II, Puzhal, Chennai.

5. The Superintendent of Police, Special Prison for Women, Puzhal, Chennai.

G.R. SWAMINATHAN J., mjs 4/5

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