Palanisamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.20346 of 2025 Palanisamy ... Petitioner Vs.

State Rep. by, Inspector of Police, Palladam Police Station, Tiruppur.

Crime No. 705 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. 705 of 2025 pending investigation on the file of the respondent. For Petitioner :

Mr.G.R.Deepak For Respondent :

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

O R D E R

The petitioner, who was arrested on 03.07.2025, for the offence punishable under Sections 296(b), 105 of BNS in Crime No.705 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that on 03.07.2025 at around 08:30 1/6

hours, the complainant Rahul, son of the deceased, received a call from his uncle Balakrishnan stating that certain persons, including the petitioner, were attempting to fence 41 cents of jointly owned land at Naravanapuram Village, Survey No. 181, near the Power Office on PalladamMangalam Road. It is alleged that Rahul, his father Nagaraj (deceased) and other relatives visited the site and questioned the accused about the unauthorised fencing. A verbal altercation ensued, following which both parties temporarily left the scene. Later, around 15:00 hours, when the complainant's family returned to the disputed site, they allegedly found the accused continuing to fence the land. When Nagaraj questioned the accused, accused Karthik allegedly used abusive language and assaulted Nagaraj by grabbing his neck and pushing him down. It is further alleged that the petitioner along with Karthik, Sampoornavalli and Shanmugam jointly assaulted Nagaraj with their hands and legs on his chest, resulting in unconsciousness and breathlessness.

3. The learned counsel for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 03.07.2025 and has been in custody for the past 11 days. It is further contended that the death of Nagaraj was due to natural causes, specifically cardiac arrest and not a result of any physical 2/6

assault. He also submitted that the petitioner is an innocent person and he has been falsely implicated in this case. However, the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner was arrested on 03.07.2025.

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

6. 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.

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) with two sureties, each for a like sum to the satisfaction of the learned Judicial 3/6

Magistrate, Palladam 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 report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for further interrogation; [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 4/6

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.

18.07.2025 nsl 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, Palladam.

2. The Inspector of Police, Palladam Police Station, Tiruppur.

3. The Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras. M.NIRMAL KUMAR, J.

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