A.Ajay v. State Rep. By The Inspector Of Police
M.NIRMAL KUMAR,J.
This matter is listed today before this Court under the caption "for Being Mentioned".
2. It is seen that in the order dated 01.08.2025, the Crime Number has been wrongly mentioned as "Crime No.97 of 2025" instead of Crime No.318 of 2025.
3. The Registry is directed to carryout the necessary amendment and issue a fresh order copy.
04.08.2025 dna 1/7
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.A.Ajay 2.S.Jegan ... Petitioners Vs.
State rep. by The Inspector of Police, Nemili Police Station, Ranipet District.
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in connection with Crime No.97 of 2025 on the file of the respondent police. For Petitioners :
Mr.M.D.Ilayaraja For Respondent :
Mr.R.Vinoth Raja Government Advocate (Crl. Side)
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 12.07.2025, for the offence punishable under Sections 194(3)(1) of BNSS @ 108 of BNS, in Crime No.97 of 2025, registered on the file of the respondent, seek bail.
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2.The case of the prosecution is that the petitioners (A3 and A4) are the co-worker of A2. A1 is the husband of deceased. A1 had borrowed a sum of Rs.21,000/- and one sovereign of gold coin from A2. When the said money and jewel was demanded by A2 to A4, A1 refused to give the same. Hence, A3 and A4 went to the house of A1 and abused the deceased. When the same was questioned by the deceased, A1 also abused the deceased. Due to which she committed suicide by hanging herself. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they have not committed any offence as alleged by the prosecution and they have 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 (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case.
5. Heard both sides and perused the materials available on record. 3/7
6. Considering the period of incarceration and also the submissions made by the learned counsels on either side, 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 a separate 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 Magistrate No.II, Arakkonam 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 respondent police daily at 10.30.a.m., for a period of four weeks and thereafter as and when required for interrogation [c] the petitioners shall make themselves available for interrogation by a Police Officer as and when 4/7
required;
[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;
[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, 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 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. 01.08.2025 RAP Note :
1. Registry is directed to forthwith upload this order in the Official Website of this 5/7
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 No.II, Arakkonam.
2.The Inspector of Police, Nemili Police Station, Ranipet District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
RAP 01.08.2025 7/7