Ganesan v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Ganesan ... Petitioner/A4 in Crl.O.P.No.18541/ 2025 Vanaraja ... Petitioners/A6 in Crl.O.P.No.18615/ 2025 Vs.
State Rep. By The Inspector of Police, Gurubarapalli Police Station.
Krishnagiri District.
(Crime No.150 of 2025) ... Respondent in both Crl.O.Ps.
COMMON PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail pending investigation in Crime No.150 of 2025 on the file of the respondent police station.
In both Crl.O.Ps.
For Petitioner :
Mr.J.Pradeep For Respondent :
Mr.R.Vinothraja Government Advocate (Crl.Side) COMMON ORDER 1/6
The petitioners, who were arrested and remanded to judicial custody on 08.05.2025, for the offences punishable under Sections 191(2), 191(3), 329(3), 296(b), 115(2), 109 of BNS, 2023 @ Section 191(2), 191(3), 329(3), 296(b), 115(2), 109 and 103 of BNS, 2023 in connection with Crime No.150 of 2025, registered on the file of the respondent, seek bail.
2. The case of the prosecution is that the victim had morphed one Jayamani's photo and sent the same to several persons. Hence, the petitioners along with other accused trespassed into the defacto complainant's house and attacked the victim/defacto complainant's son with deadly weapons, as a result of which, the victim sustained severe injuries and later he died. Hence, the case.
3.The contention of the learned counsel for petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the co-accused/A1, A2 and A3 were granted bail by this Court in Crl.O.P.Nos.16765 & 17087 of 2025 on 18.06.2025 and 16.06.2025, respectively. Hence, he prayed to grant bail to the petitioners.
4.The learned Government Advocate (Criminal Side) appearing for 2/6
the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that the major portion of the investigation is already completed. He further submitted that the co-accused/A1, A2 and A3 were granted bail by this Court in Crl.O.P.Nos.16765 & 17087 of 2025 on 18.06.2025 and 16.06.2025, respectively.
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 fact that the coaccused/A1, A2 and A3 were already granted bail by this Court in Crl.O.P.Nos.16765 & 17087 of 2025 on 18.06.2025 and 16.06.2025, respectively, 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 their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten 3/6
Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Krishnagiri, 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 everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for further interrogation;
[c] the petitioners shall make themselves 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, they shall comply to the directions as may be given by the Court in this regard;
[f] On breach of any of the aforementioned 4/6
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. 01.07.2025 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.
M.NIRMAL KUMAR, J.
rsi To 5/6
1.The Judicial Magistrate No.II, Krishnagiri.
2.The Inspector of Police, Gurubarapalli Police Station, Krishnagiri District.
3.The Superintendent, Central Prison, Salem.
4.The Public Prosecutor, High Court of Madras.
01.07.2025 6/6