Sarankumar 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 Sarankumar ... Petitioner(s) /Accused Vs.

The State rep. by The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram.

... Respondent(s)/ Complainant Crime No.108 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail pending investigation in Crime No.108 of 2025, on the file of the respondent police.

For petitioner(s) : Mr.K.Karthik For Respondent(s) : 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 15.03.2025, seeking bail in Crime No.108 of 2025 registered for the offences under Section 103(2) of Page No.1 of 7

BNS r/w Section 3 of Explosive Substance Act, 1908.

2. It is the case of the prosecution that the co-accused attacked the defacto complainant using a knife and country-made bombs; that the defacto complainant died on the spot and the petitioner is implicated based on the confession of the co-accused.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and further submitted that the petitioner is in custody from 15.03.2025 and hence, further custody of the petitioner is not required.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner has no bad antecedents.

5. Admittedly, the petitioner was not present at the scene of occurrence. Considering the nature of allegations, the period of incarceration, the fact that the petitioner has no bad antecedents, and since Page No.2 of 7

further custody of the petitioner is not required, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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 Judicial Magistrate Court-II, Kancheepuram, 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;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; Page No.3 of 7

[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 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.4 of 7

To

1. The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram.

2. The Public Prosecutor, Madras High Court, Chennai.

3. Learned Judicial Magistrate Court-II, Kancheepuram.

4. The Superintendent of Prison, Central Prison, Puzhal.

Page No.5 of 7

SUNDER MOHAN, J.

skr Page No.6 of 7

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