Palanikumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

1. Palanikumar

2. Nagarajan

3. Rajkumar ... Petitioners Vs.

The State represented by, The Inspector of Police, Kandhikuppam Police Station, Krishnagiri District.

(Crime No.274 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.274 of 2024, pending investigation on the file of the respondent Police.

For Petitioners :

Mr.P.M.Jayachandran For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/6

O R D E R

Petition seeking bail in respect of Crime No.274 of 2024 registered under Section 194 BNSS and later, altered for the offences punishable under Sections 103, 238 and 61(2) of BNS, is on board for consideration.

2. The incarceration of the petitioners/A1 to A3 being from 07.10.2024 pleading innocence on the part of the petitioners and false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He also submits that the petitioners are in no way connected with the alleged offence and they were arrested only based on the suspicion. He further submits that the major part of the investigation is over and the petitioners are 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 based on the complaint lodged by the de facto complainant that his son/victim was found dead in a well, the present case was registered under Section 194 BNSS and during the course of investigation, it came to light that the accused, due to the money dispute, conspired together and murdered the de facto 2/6

complainant's son when they were having liquor together and dropped his body into a well. Thereby, the case has been altered to the offence under Sections 103, 238 and 61(2) of BNS. He also submits that the investigation in this case is still pending.

4. Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, and taking note of the period of incarceration undergone by the petitioners, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on their executing separate bond each 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.I, Krishnagiri, 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 petitioners shall stay at Chennai and report before the Inspector of Police, Periamet Police 3/6

Station, everyday at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 06.12.2024 ham 4/6

To

1. The Judicial Magistrate No.I, Krishnagiri.

2. The Inspector of Police, Kandhikuppam Police Station, Krishnagiri District.

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

5. The Inspector of Police, Periamet Police Station, Chennai.

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A.D.JAGADISH CHANDIRA.,J.

ham 06.12.2024 6/6