Ananthakumar v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Ananthakumar ... Petitioner/A3 in Crl.O.P.No.17130 of 2025 Govindammal ... Petitioner/A1 in Crl.O.P.No.14735 of 2025 Vs.
State rep. by The Inspector of Police, Palacode Police Station, Dharmapuri District.
Crime No. 104 of 2025.
... Respondent in both Crl.O.Ps PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.104 of 2025 pending on the file of the Respondent police. For Petitioners :
Mr.D.Rameshkumar For Respondent :
Mr.L.Baskaran Government Advocate (Crl.Side)
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 11.04.2025, for the offence punishable under Sections 103 of BNS @ 61(2), 103 read with Section 49 of BNS, in connection with Crime No.104 of 2025, registered on the file of the respondent, seeks bail. 1/6
2. The case of the prosecution is that the defacto complainant is the mother of the deceased Kumar and A1 is the 2nd wife of the deceased and on knowing that A1 & A2 were in illegal relationship, the deceased warned A1 and hence, A1 deserted the deceased and was separately living in her sister's house, while so on 09.04.2025, at about 09.04.2025 at about 06.00.a.m., when A1 went to the deceased's house, and found that the deceased died on the cot with strangulation injuries on his right hand and right leg. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are no way connected with the alleged offence, however, they are suffering incarceration from 11.04.2025. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.
4. Learned Government Advocate (Criminal Side) appearing for the 2/6
respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case.
5. Heard both sides and perused the materials available on record.
6. 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 petitioners, 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 learned Judicial Magistrate, Palacode, 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 petitioners shall report before the respondent Police daily at 10.30.a.m., till the filing of final report and 3/6
thereafter before the trial Court on all hearing date; [c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioners 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 petitioners in accordance with law as if the aforementioned 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)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 :
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 4/6
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 Judicial Magistrate, Palacode.
2. The Inspector of Police, Palacode Police Station, Dharmapuri District.
3. The Superintendent, District Jail, Dharmapuri.
4. The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR, J.
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