Devaki @ Devagi v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Devaki @ Devagi ... Petitioner in Crl.O.P.No.12665 of 2025

1. Alamelu @ Alamelu Ramar

2. Ramar @ Ramar Narayanan ... Petitioners in Crl.O.P.No.12746 of 2025 Vs.

The State represented by, The Inspector of Police, All Women Police Station, Thittagudi.

Crime No.04 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.04 of 2025, pending investigation on the file of the respondent Police. For Petitioners in Crl.O.P.No. 12665 of 2025 : Mr.M.Raja For Petitioner in Crl.O.P.No. 12746 of 2025 : Mr.Ashokkumar D For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/6

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 24.03.2025, seeking bail in Crime No.04 of 2025 registered for the offence under Sections 64, 127(2), 296(b) and 351(2) of BNS Act, 2023.

2. The case of the prosecution is that A1 had love affair with the victim girl aged about 21 years and thereafter refused to marry her; that the petitioners are relatives of A1. 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 24.03.2025; that the allegations are only against the first accused and that 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 there is no previous cases against the petitioners. 2/6

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.

6. Considering the nature of allegations against the petitioners; period of incarceration; the fact that the petitioners have no bad antecedents 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, Tittagudi.

[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 report before the respondent police everyday at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during 3/6

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 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.

25.04.2025 Sma To 4/6

1. Judicial Magistrate, Tittagudi.

2. The Inspector of Police, All Women Police Station, Thittagudi.

3. The Superintendent, Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 25.04.2025 6/6