Naveen v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN 1.Naveen

2. Vinothkumar ... Petitioners/A1 & A2 Vs.

The 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, pleased to enlarge the petitioners on bail, in connection with the Crime No.31 of 2025, pending investigation on the file of the respondent Police. For Petitioners : Mr.E.Kannadasan 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 petitioners, who was arrested and remanded to judicial custody on 23.01.2025, seeking bail in Crime No.31 of 2025 registered for the offence under Sections 103(1), 191(2), 191(3), 61(2) of BNS Act,2023 [ Sections 302, 147, 148, 120(b) of IPC]. 1/5

2. The case of the prosecution is that the deceased had teased the wife of A1, for which, A1 along with A2 & A3 had conspired together and decided to do away the life of the deceased, accordingly, they contacted A4 and A4 inturn engaged A5 and A6, who caused the death of the deceased by attacking him with sharp weapons. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the deceased was continuously harassing A1's wife, due to which alleged incident had taken place; that the co-accused was granted bail by this Court; that the petitioners are in custody from 23.01.2025 and further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioners.

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

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

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6. Considering, the nature of allegation; period of incarceration; the fact that the co-accused were granted bail by this Court and that since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are 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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders;

[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; 3/5

[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.

24.03.2025 Sma To

1. Judicial Magistrate No.II, Hosur.

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

3. The Superintendent, Sub Jail, Krishnagiri.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 24.03.2025 5/5