Chellakannu v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Chellakannu

...Petitioner/Accused 2

Vs.

State rep by The Inspector of Police, Keezhkuppam Police Station.

(Crime No.64 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.64 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.A.Pooraniputhiran 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 22.03.2025, seeking bail Page No.1 of 6

in Crime No.64 of 2025 registered for the offence under Sections 296(b), 132, 118(1), 351(3), 109 of BNS, 2023 and Section 25(1B)(a) and 27(1) of Arms Act, 1959.

2.It is the case of the prosecution that the petitioner along with the other accused went to hunt wild animals in the nearby forest with a country made gun which was not licensed; that when A1 was firing the gun, the forester, namely Murugan sustained gun shot injury in his right leg. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent; that the petitioner has no bad antecedents and the injured has been discharged from the hospital; and that in any case the petitioner is in custody from 22.03.2025 and hence, further custody of the petitioner is not required.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner has no bad antecedents and that the injured has been discharged from the hospital. Page No.2 of 6

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 allegations, period of incarceration and the fact that the injured has been discharged from the hospital, the petitioner has no bad antecedents and since further custody of the petitioner is not required for the purpose of interrogation, 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 Court - II, Kallakurichi, 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.

08.04.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, Keezhkuppam Police Station.

2.The Judicial Magistrate Court - II, Kallakurici. 3.The Superintendent of Prison, Central Prison, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 08.04.2025 Page No.6 of 6