Venkatasalam v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Venkatasalam ... Petitioner in Crl.O.P.No.10859 of 2025/ A2 Mailkumar ... Petitioner in Crl.O.P.No.10872 of 2025/A1 Vs.
The State represented by, The Sub Inspector of Police, Kurisilapet Police Station, Tirupattur.
Crime No.36 of 2025 ... Respondent in both Crl.O.Ps PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.36 of 2025, pending investigation on the file of the respondent Police. For Petitioners in both Crl Ops : Mr.R.Parthiban For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) C O M M O N O R D E R These Criminal Original Petitions have been filed by the petitioners, who were arrested and remanded to judicial custody on 27.03.2025, seeking bail in Crime No.36 of 2025 registered for the offence under Sections 194 of BNSS 1/6
read with Section 108 of BNS.
2. The case of the prosecution is that due to previous enmity, petitioners waylaid the defacto complainant's husband, abused in filthy language and also took his bike; that frustrated over the same, deceased committed suicide by consuming poison. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons; that they have been falsely implicated in this case; that the petitioners are in custody from 27.03.2025; and since further custody is not required, the petitioners may be released on bail.
4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that opposed for grant of bail to the petitioners.
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 against the petitioners; period of incarceration and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on their 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 No.II, Tirupattur.
[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 stay at Chenni and report before the Inspector of Police, Flower Bazar Police Station everyday 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; [e] On breach of any of the aforesaid conditions, the 3/6
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.
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1. Judicial Magistrate No.II, Tirupattur.
2. The Sub Inspector of Police, Kurisilapet Police Station, Tirupattur.
3. The Superintendent, Sub Jail, Tirupattur.
4. The Public Prosecutor, High Court of Madras.
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SUNDER MOHAN., J.
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