Amees v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Amees ... Petitioner/Sole Accused Vs.

State through The Inspector of Police, Kottakuppam Police Station, Villupuram.

(Crime No.800 of 2024) ... Respondent PRAYER: This Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.800 of 2024 on the file of the respondent police.

For Petitioner :

Mr.M.P.Yuvaraj For Respondent :

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

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 10.12.2024, seeking bail in Crime No.800 of 2024 registered for the offence under Sections 194(1) of BNSS altered into Sections 103(1), 296(b), 118(1), Page No.1 of 6

351(3), 308(4), 238 of BNS ( Section 174 of Cr.P.C altered into Sections 302, 294(b), 324, 506(ii), 387, 201 of IPC.

2.The case of the prosecution is that the deceased had illegal intimacy with the A1's sister, enraged over the same, petitioner along with other accused, in order to do away the life of the deceased had attacked the deceased with knife, as a result, the deceased sustained grievous injuries and died. Hence, the case.

3.Learned counsel appearing for the petitioner submitted that the the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that co-accused was granted bail by the Lower Court and further submitted that the petitioner is in custody from 10.12.2024. Hence, he prayed for grant of bail to the petitioner. 4.Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and opposed for grant of bail to the petitioner.

5. Heard the learned counsel appearing for the petitioner and the Page No.2 of 6

learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6.Considering the facts and circumstances of the case and also considering the period of incarceration, 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.10,000/- (Rupees Ten Thousand only) with two blood sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Vannur 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 ensure their identity;

[b] the petitioner shall report before the respondent Police twice everyday at 10.30 a.m., and 05.30.p.m.,until further orders.

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

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[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 of B.N.S.

14.02.2025 Sma Copy to:

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1.The Judicial Magistrate, Vanur.

2. The Inspector of Police, Kottakuppam Police Station, Villupuram.

3. The Superintendent, Central Jail, Cuddalore.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN , J.

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