Ragu @ S.Raghu v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Ragu @ S.Raghu ... Petitioner Vs.

The State represented by, The Inspector of Police, Perambalur Police Station, Perambalur.

(Crime No.109 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.109 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.C.Ganesh Pandian 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 23.02.2025, seeking bail in Crime No.109 of 2025 registered for the offence under Sections 109, 61(2) of BNS, 2023 and thereafter altered into Sections 109, 318(4), 61(2) of BNS, 2023. 1/5

2. The case of the prosecution is that the defacto complainant's father and the first accused/ petitioner are friends; that the doctor had advised the defacto complainant's father not to consume liquour; that the petitioner took the defacto complainant for consuming liquor; and that on the next day, the defacto complianant's father died; that thereafter, they saw a news, wherein A2 was arrested and in his confession he revealed that the petitioner has paid Rs.21 Lakhs to him to perform black magic on the defacto complainant. Hence, this case.

3. Learned counsel appearing for the petitioner submitted that the allegations are false and in any case, the petitioner is in custody from 23.02.2025 and since further custody is not required, the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the petitioner has no previous case.

5. Considering the nature of allegations against the petitioner; 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 2/5

conditions.

6. 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.I, Perambalur.

[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, 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 3/5

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.

18.03.2025 Sma To

1. Judicial Magistrate No.I, Perambalur.

2. The Inspector of Police, Perambalur Police Station, Perambalur.

3. The Superintendent, Sub Jail, Perambalur.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 18.03.2025 5/5