Jayaraj v. State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Jayaraj ... Petitioner Vs.
The State represented by, The Inspector of Police, E-1, Mamallapuram Police Station, Chengalpattu District.
(Crime No.17 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.17 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.S.Vishnu 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 23.01.2025, seeking bail in Crime No.17 of 2025 registered for the offence under Sections 103(1), 238(a) of Bharatiya Nyaya Sanhita, 2023 [ 302, 201 of IPC]. 1/5
2. The case of the prosecution is that, petitioner and the deceased were involved in extramarital relationship; that on the date of occurrence, they stayed in a resort and there was a wordy quarrel, due to which, deceased got frustrated and committed suicide. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the allegations are false; that the petitioner is 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 petitioner.
4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and opposed for grant of bail to the petitioner.
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; and 2/5
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 is 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, Thirukazhukundram 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 Cantonment 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 3/5
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.
26.03.2025 Sma To
1. District Munsif Cum Judicial Magistrate, Thirukazhukundram. 2.The Inspector of Police, E-1, Mamallapuram Police Station, Chengalpattu District.
3. The Superintendent, Chengalpattu Prison.
4. The Public Prosecutor, High Court of Madras.
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SUNDER MOHAN., J.
Sma 26.03.2025 5/5