Naresh Kumar @ Karapaan v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Naresh Kumar @ Karapaan ... Petitioner/A4 Vs.

The State represented by, The Inspector of Police, N4 Fishing Harbour Police Station, Chennai.

(Crime No.21 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.21 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.C.Jagan 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 16.01.2025, seeking bail in Crime No.21 of 2025 registered for the offence under Sections 191(2), 191(3), 103, 351(3) of BNS [ Sections 147, 148, 302, 506(ii) of IPC]. 1/5

2. The case of the prosecution is that due to previous enmity, petitioner along with other accused assaulted the deceased with deadly weapons, as a result of which, deceased died on the spot. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations are false and in any case, the petitioner is in custody from 16.01.2025 and since further custody is not required, the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that investigation in this case has been completed and the final report was 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.

6. Considering the nature of allegation; the period of incarceration; and since final report has been filed, further custody of the petitioner is not required, this Court is inclined to grant bail to the petitioner with certain 2/5

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, Chennai. [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 all working day 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 3/5

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.

15.04.2025 Sma To

1. XVI Metropolitan Magistrate Court, George Town, Chennai. 2.The Inspector of Police, N4 Fishing Harbour Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal 2.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 15.04.2025 5/5