Ajay v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Ajay ... Petitioner/A7 Vs.
The State represented by, The Inspector of Police, Uthangarai Police Station, Krishnagiri District.
(Crime No.448 of 2024).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.448 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.V.Karthick For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who were arrested and remanded to judicial custody on 18.12.2024, seeking bail in Crime No.448 of 2024 registered for the offence under Sections 281, 106 of BNS altered 1/6
to Section 103 of BNS.
2. The case of the prosecution is that A3 is the wife and A4 is the daughter of the deceased. The deceased suspected the character of his wife(A3) and hence there were frequent quarrels between A3 and the deceased, enraged over the same, A3 along with other accused, including the petitioner/A7, murdered the deceased. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He submitted that no specific overt act has been attributed to the petitioner and coaccused have already been granted bail by this Court vide orders in viz., Crl.O.P.No.30814 of 2024 dated 13.12.2024; Crl.O.P.No.1496 of 2025 dated 23.01.2025; and Crl.O.P.No.2357 of 2025 dated 03.02.2025. He also submitted that the petitioner is in custody from 18.12.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent 2/6
police, reiterated the prosecution case and on instructions submitted that there is no previous case against the petitioner.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Admittedly, A3, A4 and A5 have already been released on bail and there is no previous case against the petitioner. Considering the nature of allegation, period of incarceration and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Uthangarai, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to 3/6
ensure their identity;
[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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SUNDER MOHAN., J.
ars To
1. The Judicial Magistrate, Uthangarai
2. The Inspector of Police, Uthangarai Police Station, Krishnagiri District.
3. The Superintendent, Sub Jail, Salem.
4. The Public Prosecutor, High Court of Madras.
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