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Madras High CourtCRL OP/27088/2025granted

Ramanathan v. State Of Tamilnadu Represented By

2025-10-03Honourable Mr.Justice N.Senthilkumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-10-2025

CORAM

THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR CRL OP NO.27088 of 2025 Ramanathan ... Petitioner/Accused Vs State rep. by, The Inspector of Police, Udayarpalayam Police Station, Udayarpalayam - 621 804.

(Crime No.223 of 2025).

... Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in Crime No.223 of 2025 pending on the file of the respondent police. For Petitioner : Mr.M.Santhanamari For Respondent : Mr. V.J.Priyadarsana Government Advocate (Crl. Side) ****** 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 22.08.2025 for the alleged offence punishable under Sections 194(1) of BNSS r/w Sections 61(2)(A), 103, 49, 238 of BNS 2023, in Crime No.223 of 2025, on the file of the respondent police, seeks bail. 2.

The case of the prosecution is that there are totally six accused in this case and the petitioner herein is arrayed as A5. It is alleged that the main accused / A1 attacked the defacto complainant's son with a wooden log on his head, as a result of which he died on the spot. It is further alleged that the petitioner herein along with other accused have assisted the accused A1 to commit the offence. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he is in judicial custody from 22.08.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

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4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner and also considering the age of the petitioner, this Court is inclined to grant bail to the petitioner, subject to 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 No.II, Jayankondam, Ariyalur District, 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 3/6

copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the concerned Judicial Magistrate on every Monday to Friday at 10.30.a.m., and before the respondent police on every Saturday and Sunday at 10.30.a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the 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 petitioner 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];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

03.10.2025 drl/rna 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 official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate No.II, Jayankondam, Ariyalur District, 2.The Superintendent of Police, Central Prison, Trichy.

3. The Inspector of Police, Udayarpalayam Police Station, Udayarpalayam - 621 804.

4. The Public Prosecutor, High Court of Madras.

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N. SENTHILKUMAR, J.

drl / rna Crl.O.P. No.27088 of 2025 03.10.2025 6/6