Ibramsha v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Ibramsha ... Petitioner/A4 Vs.

State represented by, The Inspector of Police, Hosur Town Police Station, Krishnagiri District.

(Crime No.31 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail, in connection with the Crime No.31 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.J.Pradeep 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/A4, who was arrested and remanded to judicial custody on 25.01.2025, seeking bail in Crime No.31 of 2025 registered for the offence under Sections 103(1) of BNS Act @ Section 103(1), 191(2), 191(3), 61(2) of BNS [Sections 302, 147, 148, 120B of IPC].

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2. The case of the prosecution is that the deceased had teased the wife of A1, for which, A1 along with the A3, who is the brother-in-law of A1 had conspired together and decided to do away the life of the deceased, accordingly, they contacted the petitioner/A4 and A4 in turn engaged A5 and A6, who caused the death of the deceased by attacking him with sharp weapons.

3. Learned counsel appearing for the petitioner submitted that the deceased was continuously harassing A1's wife, due to which alleged incident had taken place. He further submitted that the petitioner is in custody from 25.01.2025 and 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 submitted that, investigation almost completed and only the forensic report is awaited. He further submitted that the petitioner has no previous cases.

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, the nature of allegation; period of incarceration; petitioner has no bad antecedents and that since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

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7. Accordingly, the petitioner is ordered to be released on bail on their 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, Hosur 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 Chennai and report before the Inspector of Police, Flower Bazaar Police Station, 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.

sai To

1. Judicial Magistrate No.II, Hosur.

2. The Inspector of Police, Hosur Town Police Station, Krishnagiri District.

3.The Inspector of Police Flower Bazaar Police Station Chennai.

4. The Superintendent, Central Prison, Salem.

5. The Public Prosecutor, High Court of Madras.

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