Sedhu @ Sethulal, v. The State Represented By, The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Sedhu @ Sethulal ... Petitioner/A2 Vs.

State Represented by The Station House Officer, Mudaliarpet Police Station.

Puducherry.

(Crime No.71 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.71 of 2025 on the file of the respondent police station. For Petitioner :

Mr.K.Sasindran For Respondent :

Mr.K.S.Mohandass Public Prosecutor (Puducherry)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 25.04.2025, for the offences punishable under Sections 103(1) and 238(a) 1/6

of BNS, 2023 in connection with Crime No.71 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the de-facto complainant's brother Ravikumar was found unconscious on 22.04.2025 and on investigation it was found that A1 strangulated the deceased with her saree and murdered him. The petitioner and A3 helped her in disposing evidences. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is friendly with A1. The deceased and A1 had a relationship. A1 called the petitioner to find out the status of deceased Ravikumar. The petitioner went there and found the said Ravikumar was breathing and also found that he was smelling with alcohol. Thereafter he left the place, which was now projected as though the petitioner along with A1 and another person had strangulated and caused death of the deceased. He further submitted that the major portion of the investigation completed. Hence, he prays to grant bail to the petitioner.

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4.The learned Public Prosecutor (Puducherry) appearing for the respondent police strongly opposed the petitioner's contention stating that deceased Ravikumar had relationship with A1. A1 demanded some property from the deceased and for the purpose of taking the property document of the deceased, she called petitioner and A3, who came there and strangulated the said Ravikumar and both left the place. When A1 was questioned in this regard, she projected as though the deceased committed suicide. After postmortem it was found that the death was due to strangulation and it was a cold-blooded murder. He further submitted that the petitioner has got no bad antecedents. He further submitted that still there is tense situation.

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

6. Considering the submissions made on either side, it is seen that in this case substantial portion of investigation is completed. In view of the same, 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 his 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.VII, Puducherry, 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 stay at Karaikal and appear before the Station House Officer, Thirunallar everyday at 10.30 a.m., until further orders; [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 4/6

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.

To 1.The Judicial Magistrate No.VII, Puducherry.

2.The Station House Officer, Mudaliarpet Police Station.

Puducherry.

3.The Superintendent, Central Prison, Kalapet, Puducherry.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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