M.Abima v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN M.Abima ... Petitioner Vs.

The State represented by, The Inspector of Police, Kilpennathur Police Station, Tiruvannamalai District.

(Crime No.27 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.27 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.S.Suresh 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 30.01.2025, seeking bail in Crime No.27 of 2025 registered for the offence under Sections 115(2), 103 of BNS @ 315(2), 61(2), 296(b), 103(1) of BNS [ 404, 120B, 294(b), 302 of IPC]. 1/6

2. The case of the prosecution is that the deceased had love affair with one of the relatives of A1; that A1 had warned the deceased, for which, the deceased had lodged a complaint against the 1st accused relating to the encroachment on the road and that enraged, the accused A1 to A6 had trespassed into the house of the deceased, had caused the death of the deceased. The petitioner along with A8 stood outside of the house and watched the movements of the public. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations are false and in any case the petitioner is in custody from 30.01.2025; the similarly placed co-accused has been granted bail by this Court; and that further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and confirmed the fact that similarly placed co-accused has been granted bail by this Court.

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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. Considering, that nature of allegation against the petitioner, the similarly placed co-accused was granted bail; the 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, Kilpennathur 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 stay at Trichy and report before the Inspector of Police, Trichy Town Police 3/6

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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To

1. Judicial Magistrate, Kilpennathur 2.The Inspector of Police, Kilpennathur Police Station, Tiruvannamalai District.

3. The Superintendent, Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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