Ranganathan v. The State Rep By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Ranganathan ... Petitioner Vs.

The State Rep by its The Inspector of Police Vennandur Police Station Namakkal District Crime No.82/2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in connection with a case in Crime No.82/2025 on the file of the respondent. For Petitioner :

Mr.M.Subash 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 30.04.2025, for the offence punishable under Sections 281 & 106 (1) of B.N.S and subsequently altered into 103(1) of BNS, Act 2023 in connection with Crime No. 82 of 2025, registered on the file of the respondent, seeks bail. 1/6

2. It is the contention of the petitioner that petitioner and the deceased were brothers. It is his contention that the deceased was travelled along with the petitioner as pillion rider. At that time, the deceased was drunken and fell down from the vehicle and sustained injuries and died which has been projected as the petitioner had murdered the deceased Jaganathan.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police filed a counter and submitted that the petitioner and the deceased were brothers. He also submit that the deceased Jaganathan used to consume alcohol and create dispute among the family members. When the deceased attempted to remove the stone which was worshipped by their family members, there was a wordy quarrel between them and the deceased was beaten using wooden logs. He also submitted that after his death, his body was brought by the petitioner and laid in a road and projected it as a road accident. He also submitted that in this case, investigation has been completed. Hence, he opposed for grant of bail to the petitioner.

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

5. Considering the facts and circumstances of the case, nature of allegations, 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 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,Rasipuram 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 respondent police daily at 10.30 a.m., till the charge sheet is filed and thereafter, appear before the committal court. After committal, he shall appear before the Trial Court on 3/6

all hearing dates without fail;

[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];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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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.

To

1. The Judicial Magistrate, Rasipuram

2. The Inspector of Police Vennandur Police Station Namakkal District

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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