Venkatraman v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN 1.Venkatraman

2. Kaveri

3. Raman

4. Rani

5. Poongavanam @ Poonkodi ... Petitioners/A1 to A5 Vs.

The State represented by, The Inspector of Police, Rayakottai Police Station, Krishnagiri District.

(Crime No.68 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.68 of 2025, pending investigation on the file of the respondent Police. For Petitioners : Mr.C.Deepakkumar 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 petitioners, who were arrested and remanded to judicial custody on 10.04.2025 and 14.04.2025 respectively, seeking bail in Crime No.68 of 2025 registered for the offence under 1/6

Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3), 105 of BNS Act.

2. The case of the prosecution is that, due to land dispute, petitioners have attacked the defacto complainant and his father using crowbar and wooden log, as a result of which, defacto complainant's father died and the defacto complainant sustained grievous injuries. Hence, the case.

3. Learned counsel appearing for the petitioners seeks permission of this Court to withdraw this petition in respect of the 1 to 3 petitioners and to that effect, he had also made an endorsement in the petition. He further submitted that the 4th & 5th petitioners are innocent persons and they have been falsely involved in this case. He further submitted that the 4th & 5th petitioners are in custody from 10.04.2025 and 14.04.2025 and further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the 4th & 5th petitioners.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that, injured has been discharged from the hospital. 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. In view of the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdrawn in respect of the 1 to 3 petitioners. Considering the nature of allegations as against the 4th & 5th petitioners (ladies); that there are no bad antecedents, period of incarceration, and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail in respect of the 4th & 5th petitioners with certain conditions.

7. Accordingly, the 4th & 5th petitioners 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, Denkanikottai and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 3/6

obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the 4th & 5th petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the 4th & 5th petitioners shall not abscond either during investigation or trial;

[d] the 4th & 5th 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 4th & 5th petitioners in accordance with law as if the conditions have been imposed and the 4th & 5th 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.

28.04.2025 Sma 4/6

To

1. Judicial Magistrate, Denkanikottai.

2. The Inspector of Police, Rayakottai Police Station, Krishnagiri District.

3. The Superintendent, Special Prison for Women, Salem.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 28.04.2025 6/6