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Madras High CourtCRL OP/27376/2025granted

Kumar v. The State Rep.By The Inspector Of Police

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.27376 of 2025

1. Kumar

2. Zabeer

3. Ameer Khan ... Petitioners/Accused No.9, 11 & 12 Vs State rep. by, The Inspector of Police, Hosur Town Police Station, Krishnagiri District.

(Crime No.364 of 2025).

... Respondents PRAYER : Criminal Original Petition filed under Section 439 of Cr.P.C., and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in Crime No.364 of 2025 pending on the file of the respondent police.

For Petitioners : Mr.J.Pradeep For Respondent : Mr. V.J.Priyadarsana Government Advocate (Crl. Side) ******

ORDER

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The petitioners, who were arrested and remanded to judicial custody on (A9) 02.09.2025, (A11) 09.09.2025 and (A12) 12.09.2025 for the alleged offence punishable under Sections 191(2), 191(3), 103(1) of BNS Act @ 191(2), 191(3), 103(1), 61(2) of BNS Act, in Crime No.364 of 2025, on the file of the respondent police, seeks bail. 2.

The case of the prosecution is that on 25.08.2025, due to previous enmity, the petitioners called the deceased to the place of occurrence and assaulted him with a knife, thereby inflicting grievous injuries, as a result of which the injured succumbed to death. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners were arrested and they are in judicial custody from (A9) 02.09.2025, (A11) 09.09.2025 and (A12) 12.09.2025 and are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners. 2/6

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the investigation has been completed. However, he opposed for grant of bail to the petitioners.

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, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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, Hosur, 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;

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[b] the petitioners 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 petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 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 B.N.S.

03.10.2025 rna Note:-

1. Registry is directed to forthwith upload this order 4/6

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 learned Judicial Magistrate No.II, Hosur. 2.The Superintendent of Police, Central Jail, Salem.

3.The Inspector of Police, Hosur Town Police Station, Krishnagiri District.

4. The Public Prosecutor, High Court of Madras.

N. SENTHILKUMAR, J.

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rna Crl.O.P. No.27376 of 2025 03.10.2025 6/6