Bharathraj v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Bharathraj ... Petitioner Vs.

State rep by:- The Inspector of Police, J-13, Tharamani Police Station, Chennai.

(Crime No.99 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.99 of 2025 on the file of the respondent police. For Petitioner :

Mr.M.Parvathi Srinivasan For Respondent :

Mr.A.Gopinath Government Advocate (Crl.side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 12.05.2025 for the alleged offence under Sections 103(1) of BNS, in J-13 PS Crime No.99 of 2025, on the file of respondent police, seeks bail. 1/6

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused have committed murder of the defacto complainant's son. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration from 12.05.2025. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally 6 accused persons in this case, in which the petitioner is ranked as A1. He further submitted that the deceased and the other accused were friends, and due to some previous enmity, while they were consuming alcohol, a quarrel arose and they attacked each other. Accordingly, the son of the defacto complainant was attacked by the petitioner and others, due to which he died. He also submitted that the investigation is almost completed, that the other accused have been detained under the Goondas Act, and that there is one previous case registered against the petitioner under section 506(ii) of IPC. 2/6

5. Taking into consideration the facts and submissions made by both counsels, and since the investigation is almost completed, the petitioner has no bad antecedents, and also considering the period of incarceration already 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 executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, and on further conditions that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall stay at Kanniyakumary and report before the Town Police station, Kanniyakumari, daily at 10.30 a.m. for the period of three months.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the 3/6

Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

7. Considering the fact that the deceased was aged about 25 years, unmarried, and has left behind his family, this Court is inclined to refer the matter under the Victim Compensation Scheme. Accordingly, the District Legal Services Authority of Chennai has referred the matter to the District Collector under the said Scheme. The District Collector is directed to provide a compensation of Rs. 2,00,000/-, to the family of the deceased, within a period of four weeks from the date of receipt of a copy of this order.

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1.The XVIII Metropolitan Magistrate, Saidapet, Chennai. 2.The The Inspector of Police, J-13, Tharamani Police Station, Chennai.

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai. 4.The Public Prosecutor, High Court, Madras.

5. The District Legal Service Authority, Chennai. 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.

T.V.THAMILSELVI , J.

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