Jafar Ahamed v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Jafar Ahamed Petitioner(s) Vs The State Rep by, The Inspector of Police, P-6, Kodungaiyur Police Station, Chennai District. Cr.No.369/2025.

Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime NO.369 of 2025 pending on the file of the respondent police.

For Petitioner(s):

Mr.P.Muthamizhselvakumar For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.07.2025, for the offences punishable under Sections 191(2), 191(3), 103(1), of BNS 2023, in Crime No.369 of 2025, registered on the file respondent police, seeks bail.

2.The case of the prosecution is that due to previous enmity the petitioner joined hands with other accused and brutally attacked the son of the defacto complainant and caused his death. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner aged about 19 years and he has been falsely implicated in this case. He further submitted that he has accompanied other accused persons and present in the scene of occurrence. He submitted that the Kanthavel/co-accused has been granted bail by the learned Principal Sessions Judge, Chennai in Crl.MP No.9161 of 2025 dated 24.09.2025. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court

and sought for bail to the petitioner.

4.The learned Government Advocate (Crl.side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that there are totally twelve accused in this case and the petitioner is arrayed as A4. He would submit that the petitioner has no previous cases. He would further submit that this Court has dismissed the bail application for the co-accused in Crl.O.P.No.24922 of 2025 dated 12.09.2025. 5.Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner, the petitioner has no previous antecedents, and taking note of the fact that the co-accused was granted anticipatory bail, 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.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Metropolitan Magistrate Court, Egmore 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 stay at Vellore and report before the Sathuvachari Police Station everyday at 10:30 a.m., for a period of two months 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

14-10-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.

To 1.The State Rep by, The Inspector of Police, P-6, Kodungaiyur Police Station, Chennai District. Cr.No.369/2025.

2.The Metropolitan Magistrate Court, Egmore.

3.The Central Prison, Puzhal.

4.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 28025 of 14-10-2025