Chinnaponnu v. State By Its, Sub - Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Chinnaponnu ... Petitioner Vs.

State by its The Sub Inspector of Police, Kanchi Taluk Police Station, Kanchipuram, Kanchipuram District.

(Cr.No.291 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.291 of 2025 on the file of the respondent police. For Petitioner :

Mr.K.G.Senthil Kumar For Respondent :

Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

The petition for bail for the offence punishable under Section 296(b), 103, 61(2), 351(3)& 49 of BNS, 2023 in Crime No.291 of 2025, registered on the file of the respondent police. 1/6

2. The case of the prosecution is that, due to property dispute between the petitioner family and the deceased family, the members of the petitioner's family barged into the house of the deceased attacked Sumathy (the deceased) with a knife causing her instant death. The petitioner along with other accused was arrested on 10.07.2025. The bail petition was filed on the ground that the petitioner is a lady and the overt act is not attributed to her.

3. The learned counsel appearing for the petitioner submitted that the entire family is now in prison. Even according to the First Information Report, the petitioner herein just accompanied the other accused persons and no overt act is attributed to her. The property dispute among the relatives escalated into a murder due to provocation. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he seeks for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the investigation is almost completed and waiting for the viscera report. He further submitted that the investigation 2/6

reveals that Durai (A1) attacked the deceased Sumathy with knife, causing her death, while the others accompanied A1 and intimidated others with dire consequences if they interfere. Hence, he opposed the grant of bail to the petitioner.

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

6. Considering the materials placed and the counter filed by the State and also taking note of the apprehension of the learned Government Advocate (Crl.Side) that, if the petitioner is released on bail, she may abscond or tamper with the evidence and may also threatened the witnesses, this Court is of the view that being a lady, she may be granted bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kanchipuram, Kanchipuram District and on further conditions that:

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[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 daily at 10.30.a.m., until further orders;

[c] 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 laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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

11.08.2025 rpl 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 4/6

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, Kanchipuram, Kanchipuram District 2.The Sub Inspector of Police, Kanchi Taluk Police Station, Kanchipuram, Kanchipuram District.

3.Central Prison for Women, Vellore.

4.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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rpl 11.08.2025 6/6