Aruldoss v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Aruldoss
...Petitioner/Accused
Vs.
State rep by The Station House Officer, Aladi Police Station, Cuddalore District.
(Crime No.42 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.42 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.S.V.Karthikeyan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 16.03.2025, seeking bail Page No.1 of 6
in Crime No.42 of 2025 registered for the offence under Sections 105 and 115(2) of BNS r/w Section 3 of TNPPDL Act.
2.It is the case of the prosecution that the deceased is the mother-inlaw of the petitioner; that there was previous enmity between the petitioner and one Sanjay; that on 15.03.2025, due to wordy quarrel, the petitioner had demolished the wall of the neighbour, Sanjay, by using a Tractor; that when he reversed the Tractor, the Tractor ran over the deceased; and that thereafter, she was admitted to hospital and died. Hence, the case. 3.The learned counsel for the petitioner would submit that the allegations are false; that it is a case of accident; and that in any case, the petitioner is in custody from 16.03.2025 and hence, further custody of the petitioner is not required. He would further submit that admittedly, it is the case of accident so far as the death of the petitioner's mother-in-law. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and on instructions submitted that due to previous enmity, the petitioner had demolished the wall of the neighbour one, Sanjay Page No.2 of 6
and when he took reverse the Tractor, accidentally, the vehicle ran over his mother-in-law.
5.Heard the learned counsel on either side and perused the materials available on record.
6.Considering the nature of allegations, period of incarceration and since further custody of the petitioner 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 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 Judicial Magistrate No.II, Virudhachalam, 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; Page No.3 of 6
[b] the petitioner shall report before the respondent Police, 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 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.
03.04.2025 ata Page No.4 of 6
Copy to:
1.The Station House Officer, Aladi Police Station, Cuddalore District.
2.The Judicial Magistrate No.II, Virudhachalam. 3.Central Prison, Cuddalore.
4.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
SUNDER MOHAN, J.
ata 03.04.2025 Page No.6 of 6