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Madras High CourtCRL OP/28898/2025granted

Muthu v. The State Rep By, The Inspector Of Police,

2025-10-24Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Muthu ... Petitioner -vsState Rep by, The Inspector of Police, Kilambakkam Police Station, (Crime No.89 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No. 89 of 2025 on the file of the respondent police.

For Petitioner :

Mr.C.P.Sivamohan for Mr.S.Kartik For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.05.2025, for the alleged offence punishable under Section 103(1) of BNS Act in Crime No.89 of 2025, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he joined hands with other accused, attacked the deceased with aruval and committed murder. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner has been in custody since the date of his arrest and the case is now pending for the framing of charges. He further submitted that he is ready to abide by any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reported that the petitioner was arrested on 06.05.2025 and the case is now pending for trial in S.C.No.221 of 2025 and the petitioner is not having any previous case. Hence, he opposed for grant of bail to the petitioner.

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

6. Considering the long period of incarceration and the fact that the trial is pending at the stage of framing of charges, I am inclined to grant bail to the 2/6

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.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Principal District and Sessions Court, Chengalpattu., 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 petitioner shall report before the concerned Court daily at 10.30 a.m., for a period of three weeks. [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 3/6

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.

24.10.2025 mpa 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.

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To 1.The Principal District and Sessions Court, Chengalpattu. 2.The Inspector of Police, Kilambakkam Police Station, 3.The Superintendent of Police, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

mpa 24.10.2025 6/6