Chandhiraprabu v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN

1. Chandhiraprapu, M/A 38 S/o. Desingu

2. Jagathisan M/A 33 S/o. Arumugam ... Petitioners/Accused 2,3 Vs.

The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.

(Crime No.34 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioners on bail, in connection with the Crime No.34 of 2025, on the file of the respondent Police.

For Petitioners : Mr.K. Karuppaiyamooppanar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/6

O R D E R

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 05.02.2025, seeking bail in Crime No.34 of 2025 registered for the offences punishable under Sections 329 (4), 115(2), 140, 296(b) and 351(3) of BNS Act.

2. The case of the prosecution is that there was a money dispute between the first accused and the defacto complainant's husband; that the defacto complainant's husband is due to pay Rs.2,80,000/- to the first accused and that the petitioners along with the first accused kidnapped the defacto complainant's husband and demanded money. Hence the case.

3. The learned counsel appearing for the petitioners submitted that the allegations against the petitioners are false and that in any case further custody of the petitioners is not required. Hence, he prayed that the petitioners may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and submitted that no money was received by the petitioners from the 2/6

defacto complainant's husband.

5. Considering the nature of allegations, the period of incarceration and, since further custody of the petitioners is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on each of the petitioner 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 District Munsif-cum-Judicial Magistrate No.I, Kattumannarkoil, 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

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

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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. The District Munsif-cum-Judicial Magistrate No.I, Kattumannarkoil

2. The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.

(Crime No.34 of 2025)

3. The Superintendent, Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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