Santhosh Kumar v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN

1. Santhosh Kumar

2. Kamaladasan ... Petitioners Vs.

The State represented by, The Inspector of Police, K.V.Kuppam Police Station, Vellore District.

(Crime No.285 of 2024). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.285 of 2024, pending investigation on the file of the respondent Police. For Petitioners : Mr.S.Thirugnanam 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 were arrested and remanded to judicial custody on 19.12.2024, seeking bail in Crime No.285 of 2024 registered for the offence under Sections 194(1) of the BNSS 2023 @ 296(b) and 103(1) of the BNS @ 296(b), 103(1) and 49 of the 1/5

BNS.

2. The case of the prosecution is that, due to previous enmity, petitioners along with other accused attacked the deceased using iron rod, as a result of which, deceased sustained grievous injuries and died. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the allegations are false and in any case the petitioners are in custody from 19.12.2024; and that 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 submitted that charge sheet has been filed.

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 allegations; the period of incarceration; the fact that investigation has been completed and charge sheet has been filed and since further custody is not required, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners 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, Katpadi, Vellore 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 Judicial Magistrate, Katpadi, Vellore on every working day 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.

26.03.2025 Sma To

1. Judicial Magistrate, Katpadi, Vellore.

2.The Inspector of Police, K.V.Kuppam Police Station, Vellore District.

3. The Superintendent, Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 26.03.2025 5/5