Mr.S.Lokesh v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN S.Lokesh

...Petitioner/Accused 6

Vs.

State rep by The Inspector of Police, Thiruvalangadu Police Station, Thiruvallur District.

(Crime No.21 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.21 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.M.D.Ilayaraja 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 25.02.2023, seeking bail Page No.1 of 6

in Crime No.21 of 2025 registered for the offence under Sections 281, 106(2) of BNS, 2023 @ 191(2), 191(3), 118(1), 61(2) and 103(1) of BNS, 2023.

2.It is the case of the prosecution that the petitioner was having illicit relationship with the wife of the deceased/A7, that he has been warned by the deceased; that A7 was having illegal affair with A10 and hence, the deceased quarreled with A10; that while so, the petitioner and A7 had engaged A1 to A5 to commit murder of the deceased. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent; that the similarly placed co-accused were granted bail by this Court in Crl.O.P.No.10630 of 2025 on 09.04.2025; and that the petitioner is in custody from 25.02.2025 and hence, further custody is not required and sought for bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that initially the case was registered as accident case and during post mortem, it came to light that it was a case of homicidal death and the accused had committed the offence of murder. Page No.2 of 6

5.Heard the learned counsel on either side and perused the materials available on record.

6.Considering the nature of allegations, the period of incarceration, the fact that the similarly placed co-accused were granted bail by this Court and since further custody 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, Thiruttani, 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 respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; Page No.3 of 6

[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.

23.04.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, Thiruvalangadu Police Station, Thiruvallur District.

2.The Judicial Magistrate, Thiruttani.

3.The Superintendent of Prison, Central Prison, Puzhal. 4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 23.04.2025 Page No.6 of 6