Ashwin v. The State Rep By, The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28212 of 2025 Ashwin ... Petitioner Vs The State rep. by, its Station House Officer, Kammapuram police Station, Cuddalore District (Crime No.114 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.114 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr.Krishnasamy Chinnasamy For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.08.2025, for the offences punishable under Sections 194 (1) of BNSS @ 296(b), 115(2) and105 of the BNSS ,2023 in Crime No.114 of 2025, registered on the file respondent police, seeks bail. 2.The case of the prosecution is that on the date of occurrence there was a wordy quarrel between the deceased and his wife. Due to which this petitioner who is a relative of the deceased's wife attacked the deceased and attempted to prevent deceased and pushed him down which resulted in causing death of the deceased. Hence, this case. 3.The learned counsel appearing for the petitioner submitted that he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. 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 (Criminal Side) 2/6

appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that due to previous enmity the petitioner committed murder. He further submitted there is no previous case pending against the petitioner.

5.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and the fact there is no previous case pending against the petitioner and the manner in which the occurrence took place, this Court is inclined to grant bail to the petitioner herein with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Vridhachalam 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 3/6

of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

15.10.2025 smn 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 4/6

website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate No.II, Vridhachalam

2. The Station House Officer, Kammapuram police Station, Cuddalore District

3. The Superintendent, Central Prison, Cuddalore

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

smn Crl.O.P. No.28212 of 2025 15.10.2025 6/6