Salim Basha Sha v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Salim Basha ... Petitioner/A5 Vs.

The State represented by, The Inspector of Police, N-4, Fishing Harbour Police Station, Chennai.

(Crime No.19 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.19 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.S.Joel 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 14.01.2025, seeking bail in Crime No.19 of 2025 registered for the offence under Sections 191(2), 191(3), 109, 103 of BNS, 2023 Act.

1/5

2. The case of the prosecution is that, due to previous enmity with regard to the murder of A1's father by the grandson of the defacto complainant, A1 along with other accused including the petitioner trespassed into the defacto complainant's house and brutally attacked her grandson and his wife with deadly weapon, as a result of which, defacto complainant's grandson died. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations are false; that the petitioner is in custody from 14.01.2025 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 submitted that the investigation in this case has been completed and charge has also been filed.

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.

2/5

6. Considering, the nature of allegations; period of incarceration; the fact that the investigation has been completed and the charge sheet was also been filed and since further custody is not required, 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 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 XVI Metropolitan Magistrate Court, George Town 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 report before the Trial Court on every working day at 10.30 a.m., until further orders;

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

3/5

[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 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.

16.04.2025 Sma To

1. XVI Metropolitan Magistrate, George Town 2.The Inspector of Police, N-4, Fishing Harbour Police Station, Chennai.

3. The Superintendent, Puzhal Prison, Chennai

4. The Public Prosecutor, High Court of Madras.

4/5

SUNDER MOHAN., J.

Sma 16.04.2025 5/5