Suman v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24003 of 2025 1.Suman 2.M.Karunaithi @ Karuna 3.K.Mohan 4.K.Manikandan 5.V.Gokulraj @ Raji @ Chandru 6.R.Gopi 7.R.Parthiban 8.R.Sankar ... Petitioners / A1, A2, A3, A4, A5, A6, A7 & A9 Vs.

The State, represented by The Inspector of Police, Kasalapakkam Police Station, Thiruvannamalai District.

... Respondent (Cr.No.220 of 2025) PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Cr.No.220 of 2025, on the file of the respondent. For Petitioners :

Mr.S.B.Viswanathan For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) 1/5

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 18.06.2025 for the offence punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 109(1) of the BNS Act, 2023 altered to Sections 191(2), 191(3), 296(b) and 103(1) of BNS Act, 2023 in Crime No.220 of 2025, seek bail.

2. The case of the prosecution is that due to previous enmity between the brother of the deceased and the petitioners herein, the accused persons have brutally attacked the deceased Kamaraj with deadly weapon and stone. The injured admitted in the hospital on 17.06.2025. A case was registered for major offence of attempt murder. Later, on death of the injured, the sections altered to 191(2), 191(3), 296(b) and 103(1) of BNS Act, 2023. These petitioners were arrested on 18.06.2025 and in prison till date. Each of the petitioners herein been attributed with some overt act in the act of causing death of Kamaraj.

3. Further, the bail petition also opposed by the learned Government Advocate (Crl. Side) for the respondent, stating that some of these petitioners have bad antecedent and criminal cases pending against them 2/5

and if the petitioners are released on bail, there is possibility of recurrence of the crime.

4. The learned counsel appearing for the petitioners would submit that it is a frick incident which triggered after a fight regarding collecting water from the public tap and some of the petitioners wrongly been implicated to wreak vengeance to spoil their future prospects.

5. The learned Government Advocate (Crl. Side) for the respondent states that investigation yet to be completed.

6. Considering the submissions made on the either side, this Court is inclined to grant bail to these petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on condition to execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Kalasapakkam, Thiruvannamalai District, and on further conditions that: 3/5

[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 1st to 4th petitioners/ A1 to A4 shall stay at Villupuram and report before the Inspector of Police, Villupuram Town Police Station, daily twice at 10.00 a.m., and 5.00 p.m., until further orders; [c] the 5th to 8th petitioners / A5, A6, A7 and A9 shall stay at Tirupathur and report before the Inspector of Police, Tirupathur Town Police Station, daily twice at 10.00 a.m., and 5.00 p.m., until further orders;

[d] 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];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.09.2025 smv 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, Kalasapakkam, Thiruvannamalai District.

2. The Inspector of Police, Kasalapakkam Police Station, Thiruvannamalai District.

3. The Inspector of Police, Villupuram Town Police Station, Villupuram.

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Dr.G.JAYACHANDRAN, J.

smv 4.The Inspector of Police, Tirupathur Town Police Station, Thirupathur.

5.The Central Prison, Vellore.

6.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.24003 of 2025 03.09.2025 6/5