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Madras High CourtCRL OP/24347/2025granted

Devendaran @ Sathish, v. The State Rep By, The Sub Inspector Of Police,

2025-09-11Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Devendaran @ Sathish ... Petitioner Vs.

State of Tamil Nadu, Rep by the Sub-Inspector of Police, Kannamangalam Police Station, Tiruvannamalai District.

(Crime No.240 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.240 of 2025 on the file of the respondent police. For Petitioner :

Mr.B.Ramar For Respondent :

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

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 31.07.2025, for the offence punishable under Sections 194 BNS @ 191(2), 191(3), 138, 127(2), 296(b), 238, 103(2) of BNS of 2023, in connection with 1/6

Crime No.240 of 2025, registered on the file of the respondent, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused assaulted the deceased and committed murder. Hence, the case. 3.The learned counsel for petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner is ranked as A3, who is the brother in law of the deceased. There was a matrimonial dispute between A1/ wife and deceased. On the date of occurrence, the deceased went to the petitioner's house house in a drunken mood and picked up a quarrel. At that time the petitioner along with other accused assaulted the deceased with wooden log. On the same day, they took the deceased to their Farm house and threw the body in a Well along with his bike to project as though he fell in the Well in a drunken state. Hence, he strongly opposed for granting bail to the petitioner. 2/6

5.Heard the learned counsel appearing on both sides. 6.Considering the submissions made on either side, the investigation is almost completed as on date final report has been filed and there is no bad antecedents against him, and also taking into account the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Arni 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 respondent police on alternative Sunday at 10.30 a.m. for a period of 3/6

five month.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the 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 under Section 269 of B.N.S.

11.09.2025 rri To 1.The Judicial Magistrate, Arni.

2.The Sub-Inspector of Police, Kannamangalam Police Station, Tiruvannamalai District.

3. The Superintendent of Prison, Central Prison, Vellore. 4.The Public Prosecutor, High Court of Madras. 4/6

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.

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T.V.THAMILSELVI , J.

rri 11.09.2025 6/6