Arun Ganesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Arun Ganesh ... Petitioner Vs.

The State represented by, The Inspector of Police, Selaiyur Police Station, Chengalpattu.

(Crime No.477 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.477 of 2024, pending investigation on the file of the respondent Police.

For Petitioner :

Mr.V.Karnan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.477 of 2024 registered under Section 194(3)(i) of BNSS and later, altered for the offence under Section 108 of BNS is on board for consideration.

2. The incarceration of the petitioner being from 09.10.2024 pleading 1/6

innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He also submits that the marriage between the petitioner and the victim/deceased was solemnized on 09.03.2023 and they were living happily. He further submits that the victim/deceased is a hyper sensitive person, who had earlier attempted to commit suicide and saved by the petitioner, and further, on 02.10.2024, in the absence of the petitioner, due to the family dispute, she had committed suicide by hanging. He further submits that the petitioner has not abetted the victim to commit suicide and there is no demand of dowry. He also submits that even as per the First Information Report, there is no demand of dowry, however, based on the further statement, the case has been altered. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that due to the harassment made by the petitioner by demanding dowry, the victim had committed suicide by hanging. He further submits that the RDO enquiry is pending in this case.

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4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and also considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tambaram, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter, every Saturday at 10.30 a.m., until further orders ;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 3/6

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)AIR SCW 5560];

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

26.11.2024 ham 4/6

To

1. The Judicial Magistrate No.II, Tambaram.

2. The Inspector of Police, Selaiyur Police Station, Chengalpattu.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA., J.

ham 26.11.2024 6/6