Venda v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 30406 of 2024 1.

Venda 2.

S. Roja ... Petitioners Vs.

State rep. by Inspector of Police, P6 Magaral Police Station, Kancheepuram District.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail pending investigation in Crime No.264 of 2024 on the file of the respondent. For Petitioner :

Mr.C.Jagan For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No. 264 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 127(2), 133, 109, 101, 351(3) of BNS, 2023 is on board for consideration. 1/5

2.The incarceration of the petitioner being from 14.10.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioners had no intention to murder the deceased and that due to previous enmity there was a quarrel ensued between the parties, during the altercation, the de facto complainant's father was pushed, causing him to fall and the victim later died on the following day. He also submits that the petitioner is no way connected with the alleged offences and he 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 the petitioners are relatives of de facto complainant and there was previous enmity between the two families. On 13.10.2024, when the petitioners and the de facto complainant along with his parents went to attend a function of a common relative, a quarrel ensued between them and the petitioners are said to have assaulted the de facto complainant's father using slippers and also threatened him with dire consequences. Not stopping with that, the petitioners also went to the house of de facto complainant after the function, scolded the de facto complainant's father in filthy language and assaulted him on the back of his head 2/5

by using a wooden log, resulting in his death. 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 the period of incarceration undergone by the petitioner, 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 a separate 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, Kancheepuram, 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 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 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 3/5

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 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.

05.12.2024 sai To 1.

The Judicial Magistrate Court No.II, Kancheepuram.

2. The Inspector of Police, P6 Magaral Police Station, Kancheepuram District.

3.

The Superintendent, Special Jail for Women, Vellore.

4.

The Public Prosecutor, High Court of Madras.

4/5

A.D.JAGADISH CHANDIRA., J.

sai Crl.O.P.No. 30406 of 2024 05.12.2024 5/5