Sarath Kumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.No.21055 of 2025 Sarath Kumar, S/o Dass, No.47, Perumal Kovil Street, Kuthampakkam, Poonamallee(Taluk) Tiruvallur 600 124.

.. Petitioner/Accused 4 /versus/ State rep.by the Inspector of Police, Thiruvalangadu Police Station, Tiruvallur 631 210 (Crime No.101 of 2025) (Crime No.1 of 2025 on the file of CBCID, Tiruvallur) ..Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 483 of BNSS and 439 of Cr.P.C., to enlarge the petitioner on bail in Crime No.101 of 2025 on the file of the respondent police.

For Petitioner :Ms.S.Deepika For Respondent :Mr.R.Muniyapparaj, APP Asst.by Mr.M.Sylvester John 1/6

Crl.O.P.No.21406 of 2025 Mageshwari, 52 years, D/o Perumal No.1/1G Pasumpon Nagar, Silaiman Bus Stand Madurai South, Madurai 625 201.

.. Petitioner/Accused No.6 /versus/ State rep.by it's Inspector of Police, CBCID, Thriuvallur Police Station, Tiruvallur, Tiruvallur District.

(Crime No.1 of 2025) ..Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.1 of 2025 on the file of the respondent police.

For Petitioner :Mr.K.G.Senthilkumar For Respondent :Mr.R.Muniyapparaj, APP Asst.by Mr.M.Sylvester John COMMON ORDER The petitioners, Sarath Kumar and Mageshwari, who were arrested and remanded to judicial custody on 11.06.2025 and 13.06.2025 respectively 2/6

for the offences punishable under Sections 189(2), 329(4), 140(3) of BNS Act in Crime No.101 of 2025, now altered in to under Sections 189(2), 332(b), 140(1), 61(2) of BNS Act in Crime No.1 of 2025 on the file of the respondent, seek bail.

2. It is a case of abduction of a minor boy, wherein the high Police Officials and politicians are alleged to be involved. 3.The learned counsel appearing for the petitioners state that the petitioners were arrested on 11.06.2025 and 13.06.2025 respectively. Since substantial portion of investigation is completed, their custody is no more required.

4.The learned Additional Public Prosecutor filed Status Reports wherein it is stated that the Investigating Officer has completed Identification Parade and statements of the witnesses were recorded. Further, he submitted that CDR Report from the Service Provider is awaited. 3/6

5. Considering the period of incarceration and the stage of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on each of them executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvallur, Thiruvallur 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 report before the Investigating Officer daily at 10.30 a.m., until further orders;

(c)The petitioners shall not indulge in any act of tempering with the records or intimidating the witnesses. If any such incident is brought to the notice of the Investigating Officer, the same shall be reported to the trial Court for cancellation of bail; [d] 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 4/6

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]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

22.08.2025 ari 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, Thiruvallur, Thiruvallur District. 2.The Inspector of Police, Thiruvalangadu Police Station, Tiruvallur 631 210.

3.The Inspector of Police, CBCID, Thiruvallur Police Station, Thiruvallur, Thiruvallur District.

4.The Superintendent, Central Prison, Puzhal. 5.The Superintendent, Special Prison for Women, Puzhal, Chennai. 6.The Public Prosecutor, High Court of Madras. 5/6

Dr.G.JAYACHANDRAN, J.

ari 22.08.2025 6/6