Sakkaravarthi v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sakkaravarthi
...Petitioner/Accused
Vs.
State rep by The Sub Inspector of Police, Jolarpettai Police Station, Tirupattur District.
(Crime No.38 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.38 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.E.Kannadasan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 25.02.2025, seeking bail in Crime No.38 of 2025 registered for the offence under Sections 103(1), 351(3) of BNS, 2023.
2.It is the case of the prosecution that the petitioner and the deceased are relatives; that the petitioner had mortgaged his land to one Anbazhagan and he could not redeem it; that the deceased redeemed the said land by paying initial payment of Rs.24,75,000/-; that thereafter the deceased agreed to pay the remaining amount; that on 17.02.2025 at about 6.00 a.m., while the deceased and one Jayakumar were in their land, the petitioner came there and caused the death of the deceased with knife; that when the said Jayakumar tried to prevent the petitioner, he intimidated him. Hence, the case.
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3.The learned counsel for the petitioner would submit that the petitioner is innocent; and that the petitioner is in custody from 25.02.2025 and hence, further custody of the petitioner is not required. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for the grant of bail. 5.Heard the learned counsel on either side and perused the materials available on record.
6.Considering the aforesaid facts, the period of incarceration, the stage of investigation 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.I, Tirupattur, and on further conditions that: Page No.3 of 6
[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 stay at Kanchipuram and report before the Inspector of Police, Sivakanchi Police Station, 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.
22.04.2025 ata Page No.4 of 6
Copy to:
1.The Sub Inspector of Police, Jolarpettai Police Station, Tirupattur District.
2.The Judicial Magistrate No.I, Tirupattur.
3.The Superintendent of Prison, Central Prison, Vellore. 4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
ata 22.04.2025 Page No.6 of 6