S.Aravindh v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.24320 of 2025 S. Aravindh ... Petitioner Vs The State rep. by, The Sub Inspector of Police, S-15, Selaiyur Police Station, Chennai.

...Respondent

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.274 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr.R.C. Paul Kanagaraj for Mr.T.R. Prabhakaran For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.08.2025, for the offence under Sections 194 of BNS altered to 103(1), 118(1),127(2), 140(1) of BNS Act in Crime No.274 of 2025, registered on the file of the respondent police, seeks bail. 1/6

2.The case of the prosecution is that the deceased married the sister of A1 and cheated her. Hence, the petitioner joined hands with other accused and invited the deceased to a common place and abducted him and committed murder. Hence a case was registered by the respondent police. 3.The learned counsel appearing for the petitioner submitted that it is true that the petitioner also went to the place of occurrence and however on the date of death he was not present and he was not involved in the offence. He has not involved in attacking the deceased on the date of death and the same is also recorded by this Court while dismissing the earlier bail application in Crl.O.P.No.19590 of 2025 dated 25.07.2025. Hence, prays to grant bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted the petitioner is also involved in abduction of the deceased and he was not present on the date of death and earlier he has also attacked the deceased with wooden log. He also submitted that the bail application filed by the co-accused was dismissed. 2/6

5. The statement of the accused reveals that the deceased was abducted on 26.06.2025 and he died on 28.06.2025 and on the date of death of the deceased the petitioner was not in the scene of occurrence. 6.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and the fact that the petitioner was not present at the time of the death of the deceased, this Court is inclined to grant bail to the petitioner herein with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on their 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 Judicial Magistrate-II at Tambaram, Chennai 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 petitioner shall report before the 3/6

respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

19.09.2025 smn To

1. The Sub Inspector of Police, S-15, Selaiyur Police Station, Chennai.

4/6

2. The Judicial Magistrate-II at Tambaram, Chennai

3. The Superintendent, Central Prison, Puzhal Chennai

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

smn 5/6

Crl.O.P. No.24320 of 2025 19.09.2025 6/6