Sekar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2025

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.31204 of 2025 Sekar ... Petitioner -vsThe State rep by, The Inspector of Police, Anaikaranchatram Police Station, Mayiladuthurai.

(Crime No.391 of 2025) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 483 of BNSS Act, 2023, pleased to enlarge the Petitioner on bail in connection with Crime No.391 of 2025 pending investigation on the file of the respondent police.

For Petitioner :

Mr.R.Thamaraiselvan For Respondent :

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

ORDER

The Petitioner, who was arrested and remanded to judicial custody on 20.09.2025 for the alleged offences punishable under Section 103(1) of BNS @ 191(1), 191(2), 61(2), 140(1), 49, 103(1) of BNS in Crime No.391 of 2025 on the file of the respondent police, seeks bail.

2. The case of prosecution is that the victim was worker as a temporary worker in Kollidam Village Panchayat Office. The deceased owned a house in Kollidam and he often visit there in order to meet his family. Thereafter the defacto complainant and her family came to know that the deceased and A1's wife was in illegal affair. Thereafter the defacto complainant and her family members confronted the victim and send him to Chennai. On 19.09.2025 the deceased friend informed the defacto complainant that he seen the deceased and the other accused. Hence this case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this 2/6

case. He would further submit that the petitioner was arrested and he is in judicial custody from 20.09.2025 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.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is ranked as A8,A1 and A2 detained in Goondas, A6 and A9 still absconding, some of the co-accused already granted bail, no previous case is pending against the petitioner. Hence, he strongly opposes grant of bail to the petitioner.

5. Considering the facts and circumstances, and also the fact that the investigation is almost completed, and further considering 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 executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (one blood surety), for a like sum to the 3/6

satisfaction of the learned Judicial Magistrate, Sirkali, 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 stay at Krishnagiri Town Police Station and report before the respondent police on every Saturday at 10.30 a.m. for the period of two months;

(c) the Petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the Petitioner shall not abscond 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 4/6

down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

13.11.2025 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 the official website of this Court will be watermarked and will also have a QR code.

To 1.The learned Judicial Magistrate, Sirkali.

2.The Inspector of Police, Anaikaranchatram Police Station, Mayiladuthurai.

3.The Superintendent of Prison, Central Prison, Cuddalore.

4.The Public Prosecutor, High Court, Madras 5/6

T.V.THAMILSELVI, J.

rna Crl.O.P.No.31204 of 2025 13.11.2025 6/6