Harish v. The State Rep By, The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.Harish ... Petitioner in Crl.O.P.No.21543 of 2025 2.Vijay 3.Velmurugan ... Petitioners in Crl.O.P.No.21544 of 2025 4.Vignesh 5.Gokul 6.Yukesh ... Petitioners in Crl.O.P.No.21545 of 2025 Vs.
The State Represented by, Sub-Inspector of Police, Brammadesam Police Station, Tiruvannamalai District.
(Cr.No.117 of 2025) ... Respondent in all Crl.O.Ps Common Prayer : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in connection with the Crime No.117 of 2025 on the file of the respondent police.
For Petitioners :
Mr.A.Anbharasu (in all Crl.O.Ps) For Respondent :
Mr.R.Vinoth Raja (in all Crl.O.Ps) Government Advocate (Crl. Side) 1/6
COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 01.06.2025, for the offence punishable under Sections 103 @ 191(2), 191(3), 115(2), 137(2), 103(2), 190 of BNS, 2023 in Crime No.117 of 2025, registered on the file of the respondent, seek bail. 2.The case of the prosecution is that the petitioners had assaulted the deceased and committed murder. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that petitioners has been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that the petitioner in Crl.O.P.No.21543 of 2025 is arrayed as A7. He had dropped the deceased and left the scene of occurrence. Insofar as the other accused who are the petitioners in Crl.O.P.Nos.21545 and 21544 of 2025 were very well present 2/6
in the scene of occurrence.
5. Heard both sides and perused the materials available on record.
6. In the light of the submission made by the learned Government Advocate(Crl.Side), it is seen that, petitioners in Crl.O.P.Nos.21545 and 21544 of 2025, were present in the scene of occurrence at the time of commission of murder. Hence, this Court is not inclined to grant bail to the petitioners in Crl.O.P.Nos.21545 and 21544 of 2025. Accordingly, Crl.O.P.Nos.21545 and 21544 of 2025 are dismissed.
7. Considering the fact that the petitioner in Crl.O.P.No.21543 of 2025 / A7 has only dropped the deceased in the scene of occurrence in his car who was not present in the scene of occurrence, this Court is inclined to grant bail to the petitioner in Crl.O.P.No.21543 of 2025 / A7 with certain conditions.
8. Accordingly, the petitioner in Crl.O.P.No.21543 of 2025 / A7 is ordered to be released on bail on his executing a bond for a sum of 3/6
Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Cheyyar, Tiruvannamalai 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] A7 shall report before the respondent Police daily at 10.30 am for a period of three weeks and thereafter as and when requried;
[c] A7 shall make himself available for interrogation by a Police Officer as and when required; [d] A7 shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] A7 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 4/6
accordance with law as if the aforementioned conditions have been imposed and A7 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. 01.08.2025 RAP 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.
RAP To 1.The Judicial Magistrate Court at Cheyyar, Tiruvannamalai District. 2.The Inspector of Police, Brammadesam Police Station, Tiruvannamalai District.
3.The Superintendent, Vellore Central Prison.
4.The Public Prosecutor, High Court of Madras.
01.08.2025 6/6