Ramadass v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.Ramadass 2.Vetrivel ... Petitioners/A9 & A8 Vs.

The State Rep. By its The Inspector of Police, Nemili Police Station, Ranipet.

(Crime No.223 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail pending investigation in Crime No.223 of 2025 on the file of the respondent police. For Petitioner :

Mr.D.Padmanabhan For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 21.05.2025, for the offences punishable under Sections 191(2), 1/6

191(3), 127(2) and 103(1) of BNS, 2023 in connection with Crime No.223 of 2025, registered on the file of the respondent, seek bail.

2. The case of the prosecution is that there was a communal dispute between the petitioner's group and the deceased/de-facto complainant's son group. Earlier, on 19.05.2025, A1 along with the first petitioner/A9 and two others waylaid the deceased one Manikandan and asked for match box, thereafter asked him to dance, for which, the village people took the accused persons to the police station and the police warned them and sent back. Thereafter, on the date of occurrence, again the petitioners along with other accused went to the spot, where the deceased along with his friends was sitting under a tree, and attacked the deceased with deadly weapons, thereby, he sustained severe injury and died on the spot. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged offence. He further submitted that in this case totally there are 6 accused as per F.I.R. Thereafter based on the confession of co-accused, the petitioners were arrayed as accused. He further submitted that the petitioners 2/6

are ready to abide by any stringent conditions that may be imposed by this Court and he prays to grant bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for grant of bail to the petitioners reiterated the prosecution case and submitted that it is a case of communal dispute and all the accused were arrested.

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

6. Considering the submissions made on either side and on perusal of the material, it is seen that there was a dispute arose with one Manikandan/deceased, who belongs to Yadhava community. A1 in this case asked for match box to the deceased and he was made to dance, which infuriated deceased group and there was a fight. Thereafter the petitioners and others went to the spot, where the deceased along with his friends were sitting under the tree and assaulted the deceased using deadly weapons. The first petitioner said to have involved in the previous fight. The second petitioner is present in the scene of occurrence along with others. 3/6

Considering the period of incarceration undergone by the petitioners and the fact that substantial portion of investigation is completed, 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 separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Arakkonam, Ranipet District, 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 stay at Trichy and report before the Cantonment Police Station, Trichy everyday at 10.30 a.m. for a period of three weeks, thereafter as and when required for 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; 4/6

[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 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. 23.07.2025 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.

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M.NIRMAL KUMAR, J.

rsi To 1.The Judicial Magistrate No.II, Arakkonam, Ranipet District.

2.The Inspector of Police, Nemili Police Station, Ranipet.

3.The Superintendent, Central Prison, Puzhal-II, Chennai.

4.The Public Prosecutor, High Court of Madras.

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