V.Seetharaman v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR V.Seetharam ... Petitioner/A3 Vs.
State Rep. By its The Inspector of Police, Marakkanam Police Station.
Tindivanam Taluk, Villupuram District.
(Crime No.82 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in pending investigation in Crime No.82 of 2025 on the file of the respondent police station.
For Petitioner :
Mr.G.Mohammed Aseef For Respondent :
Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 20.02.2025, for the offences punishable under Section 103(1) of BNS, 1/6
2023 in connection with Crime No.82 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that there was a previous enmity between A1 and the deceased. On the date of occurrence, A1 invited the deceased for consuming liquor and at that time the petitioner along with other accused attacked the deceased with knife and murdered him. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case for the reason that he is the friend of A1/Karankumar and nothing more. He further submitted that A1 was released on bail by the Sessions Court, Villupuram and other accused/A2 and A4 were granted bail by this Court on 09.04.2025 and 28.03.2025, respectively. Hence, he prays to grant bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent police submitted that in this case A1 suspected the deceased to be 2/6
in friendly terms with his opponents and he was passing on the movements of A1. Hence, A1 planned with other accused, took up the deceased and the petitioner/A3 caught hold the deceased facilitating A1 to commit murder. He further submitted that in this case investigation completed, charge sheet filed and the same is pending in PRC No.4 of 2025. He further submitted that A1 was granted bail by the Sessions Court, Villupuram in Crl.M.P.No.2492 of 2025 on 17.06.2025 and A2 and A4 were granted bail by this Court on 09.04.2025 and 28.03.2025, respectively. He further submitted that the petitioner has got three previous cases. Hence, he strongly opposed for granting bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of allegation and the period of incarceration undergone by the petitioner, 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 her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 3/6
with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tindivanam, and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall appear before the Committal Court on every Tuesday at 10.30 a.m. and on the dates of committal, thereafter when the case is committed to the Court of Sessions, appear before the Sessions Court on every Tuesday at 10.30 a.m. and on all future hearing dates without fail except when he required to appear before the trial Court for hearing in connection with other cases;
[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
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[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.06.2025 rsi 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 the official website of this Court will be watermarked and will also have a QR code.
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M.NIRMAL KUMAR, J.
rsi To 1.The Judicial Magistrate No.II, Tindivanam.
2.The Inspector of Police, Marakkanam Police Station.
Tindivanam Taluk, Villupuram District.
3.The Superintendent, Central Prison, Cuddalore.
4.The Public Prosecutor, High Court of Madras.
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