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Madras High Court/30774/2025granted

Mariyappan v. The State Represented By

2025-11-116 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.30774 of 2025 Mariyappan ... Petitioner/ A1 Vs The State rep. by, The Inspector of Police, Olakkur Police Station, Villupuram District.

(Crime No.145 of 2024) ... 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.145 of 2024 on the file of the respondent police. For Petitioner(s) :

Mr. J. Dinesh For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 16.08.2025 for the offences punishable under Section 174(1) of Cr.P.C, 1973 @ u/s. 302 of IPC in Crime No.145 of 2024, registered on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that, A2 had an affair with the deceased and taking advantage of that relationship, the deceased started threatening her by stating that if she failed to continue the relationship, he would release her intimate photographs to the public; that thereby, the petitioner, who is the father of A2, along with two other accused, went to the place of occurrence and murdered the deceased by strangulating his neck; that thereafter threw the body within the limits of Olakkur Police station. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner is in judicial custody since 16.08.2025; that the co-accused/ A2 and A3 were already granted bail by this Court, vide order dated 04.11.2025 and 2/6

09.10.2025 in Crl.O.P.Nos.29984 and 27637 of 2025, respectively; and 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 stated that there are totally three accused involved in this case and the petitioner is arrayed as A1; and that the investigation of the case is pending.

5.

Considering the facts and circumstances of the case, the fact that the co-accused were already enlarged on bail and taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6.

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 each, for a like sum to the satisfaction of the learned Judicial Magistrate-I, Tindivanam and on further conditions that: 3/6

[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 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

11.11.2025 stn 4/6

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 Judicial Magistrate-I, Tindivanam.

2. The Inspector of Police, Olakkur Police Station, Villupuram District.

(Crime No.145 of 2024)

3. The Superintendent, District Jail, Villupuram.

4. The Public Prosecutor, High Court of Madras.

5/6

K. RAJASEKAR, J.

stn Crl.O.P. No.30774 of 2025 11.11.2025 6/6