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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

1. Srikanth

2. Suman Damai ... Petitioner(s) /Accused 1 & 2 Vs.

State represented by the Inspector of Police, E-3 Sadras Police Station, Chengalpattu District.

... Respondent(s)/ Complainant Crime No.99 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.99 of 2025 on the file of the respondent police.

For petitioner(s) : Mr.R.Thirumoorthy (Crl.Side) For Respondent(s) : Mr.V.J.Priyadarsana 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 27.04.2025, seeking bail in Crime No.99 of 2025 registered for the offences under Sections 105 of BNS r/w Section 135(1)(a) of the EB Act.

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2. It is the case of the prosecution that the deceased went to the agricultural land belonging to the petitioners for the purpose of watering his own land, during which he came into contact with an electric fence allegedly installed by the petitioners/accused without obtaining proper permission from the Electricity Board. As a result of the electric shock, the deceased sustained injuries and was taken to the hospital, where he was declared dead. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the petitioners are in custody from 27.04.2025, and that in any case, further custody of the petitioners is not required and prayed for the grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the grant of bail to the petitioners, reiterated the prosecution case.

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

6. Considering the nature of allegations, period of incarceration, and since further custody of the petitioners 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 his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate, Tirukalukundram, 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 petitioners shall report before the jurisdictional Judicial Magistrate from Monday to Friday at 10.30 a.m., and shall appear Page No.3 of 6

before the respondent Police on Saturday and Sunday at 5.30 p.m., until further orders;

[c] the petitioners shall not abscond either during 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.

21.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa Page No.4 of 6

Note:

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this court will be watermarked and will also have a QR code.

To

1. District Munsif cum Judicial Magistrate, Tirukalukundram.

2. The Superintendent of Prison, Sub-Jail, Chengalpattu.

3. Inspector of Police, E-3 Sadras Police Station, Chengalpattu District.

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

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N.SENTHILKUMAR, J.

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