Kalyani Sundaram v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Kalyani Sundaram ... Petitioner/A3 Vs.

State rep. by The Inspector of Police, Kelambakkam Police Station, Tambaram Crime No. 52 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.52 of 2025 pending on the file of the Respondent police. For Petitioner :

M/s.P.Vanitha For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 01.03.2025 and formally arrested on 01.05.2025, for the offence punishable under Section 309(4) of BNS, in connection with Crime No.52 of 2025, registered on the file of the respondent, seeks bail.

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2. The contention of the learned counsel for the petitioner is that the petitioner had been falsely implicated in this case and he has been shown as accuse based on the confession and initially, petitioner was arrested on 01.03.2025 in Crime No.68 of 2025, for which, this Court in Crl.O.P.No.8381 of 2025 granted bail to the petitioner on 21.03.2025 with a condition to appear before the Inspector of Police, Oragadam Police Station daily at 10.30.a.m., until further orders and he was shown as accused in yet another case on 01.03.2025 in Crime No.72 of 2025, for which this Court on 16.04.2025 granted bail to the petitioner with a condition that the petitioner shall appear before the Inspector of Police, Oragadam Police Station daily at 10.30.a.m., until further orders and thereafter, he was arrested in Crime No.

16 of 2025, for which, the learned Judicial Magistrate No.I, Tirunelveli has granted bail to the petitioner on 28.04.2025 with a condition that the petitioner shall appear before the Inspector of Police, TVMCH Police Station daily at 10.30.a.m., until further order and now he was shown as accused in the present case registered in Crime No.52 of 2025.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case.

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4. Heard both sides and perused the materials available on record.

5. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, 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 separate 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 learned Principal District and Sessions Judge, Chengalpattu, 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 report before the Inspector of Police, Oragadam Police Station daily at 10.30.a.m and before The Inspector of Police, Kelambakkam Police Station,for a period of two weeks and on completion of these conditions, the petitioner shall appear before the Inspector of 3/6

Police, TVMCH Police daily at 10.30.a.m., for a period of two weeks and thereafter, as and when required for further interrogation;

[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; [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.

16.06.2025 sma Note :

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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.

To

1. The Principal District and Sessions Judge, Chengalpattu.

2. The Inspector of Police, Kelambakkam Police Station, Tambaram

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

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