Sakkara Raja v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Sakkara Raja ... Petitioner Vs.
State Rep By The Inspector of Police, E-3 Minjur Police Station, Thiruvallur District.
Cr.no.536 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.536 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.S.Lokesh 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 was arrested and remanded to judicial custody on 09.01.2025 seeking bail in Crime No.536 of 2024 registered for the offences under Section 326(g) of BNS Act 2023 (436 of IPC).
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2. The case of the prosecution is that the de facto complainant is the mother in law of the petitioner; that the petitioner's wife along with the petitioner was living in her matrimonial house; due to a dispute between them, she went to the defacto complainant's house, the petitioner went to bring back his wife during which a quarrel arose and aggrieved by the same, the petitioner set fire to the de facto complainant's house causing damage to television, air conditioner etc and escaped from the scene. Hence the case.
3. The learned counsel appearing for the petitioner submitted that this is a matrimonial case, the petitioner is innocent, he has been falsely implicated in this case, that he is in custody from 09.01.2025 and in any case further custody of the petitioner is not required for the purpose of investigation, the petitioner may be released on bail.
4. The learned Government Advocate (Crl.Side) reiterated the prosecution case and on instructions submitted that by setting fire to the de facto complainant's house, the petitioner had caused a loss to a tune of Rs.10,000/-and hence, opposed for grant of bail.
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5.
At this juncture, the petitioner submitted that he would deposit a sum of Rs.20,000/- to the credit of crime number.
6. 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.
7. Considering the above said submission, nature of allegation; period of incarceration and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.
8. 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 No.II at Ponneri.
[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;
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[b] the petitioner shall deposit Rs.20,000/- to the credit of the crime No. 536 of 2024 ;
[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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1. The Judicial Magistrate No.II at Ponneri.
2. The Inspector of Police, E-3 Minjur Police Station, Thiruvallur District.
3. The Superintendent, Central Prison, Puzhal
4. The Public Prosecutor, High Court of Madras.
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SUNDER MOHAN., J.
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