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Madras High CourtCRL OP/26610/2024granted

Surya v. State Rep By

2024-10-28Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL 1.Surya

2. Balaji

3. Sunilkumar ... Petitioners/A1 to A3 Vs.

State represented by, The Inspector of Police, Arcot Town Police Station, Ranipet District (Crime No.498 of 2024). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.498 of 2024 on the file of the respondent Police.

For Petitioner : Mr.D. Thirumoorthy For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The Petitioners A1 to A3, who were arrested and remanded to 1/6

judicial custody on 31.07.2024 for the alleged offences punishable under Sections 103, 109, 191(2), 191(3), and 296(b) of BNS, in Crime No.498 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased and defacto complainant are relatives. On 31.07.2024, due to consuming alcohol, there was a wordy quarrel between the petitioners and the deceased, due to which, the deceased sustained severe injuries and died. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. They have not committed any offence as alleged in the FIR. He would further submit that the petitioners was arrested and are in judicial custody from 31.07.2024 and are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the deceased and defacto complainant are relatives. On 31.07.2024, due to consuming alcohol, there was a wordy 2/6

quarrel between the petitioners and the deceased, due to which, the deceased sustained severe injuries and died. He further submits that that the first and third petitioners have no previous cases and the second petitioner has one previous case, pending against him. He further submits that the investigation was completed. Hence, he opposed to grant bail to the petitioners.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the nature of offence, considering the period of incarceration undergone by the petitioners from 31.07.2024, investigation was completed, and the first and third petitioner have no previous case and the second petitioner has one previous case, in which, he has been released on bail, and also considering all others factors, I am inclined to grant bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, for a like sum to the satisfaction of the learned 3/6

District Munsif cum Judicial Magistrate, Arcot and on further conditions that:- [a] the petitioners shall report before the concerned Jurisdictional Magistrate on all working days at 10.30 a.m., until further orders. [b] the Petitioners shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[c] the Petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[d] the Petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the Petitioners in accordance with law as if the 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)AIR SCW 5560]; and [f] If the accused thereafter absconds, a fresh FIR can be registered 4/6

under Section 269 B.N.S.

28.10.2024 drl To 1.The District Munsif cum Judicial Magistrate, Arcot.

2.The Inspector of Police, Arcot Town Police Station, Ranipet District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

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drl 28.10.2024 6/6