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Madras High CourtCRL OP/31283/2025granted

Sankar v. The Inspector Of Police,

2025-11-17Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Sankar ... Petitioner -vsState Rep by, The Inspector of Police, Sholinghur Police Station, Ranipet District.

(Crime No.222 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in S.C.No.108 of 2025, on the file of II Additional District Judge, Arakonam.

For Petitioner :

Mr.K.Kannan For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.06.2025, for the alleged offence punishable under Section 194(1) of BNS, 2023, and subsequently Sections 61(2), 103(1), 49 of BNS, 2023 r/w 25(1AA), 1/6

25(1A) of Arms Act, 1959 in Crime No.222 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner's brother, namely Seenu, was murdered, and a case in this regard was registered in Crime No.118 of 2025. The deceased in the present case, Chakravarthy, was an Advocate and the husband of the defacto complainant. It is alleged that the deceased was shot dead by the accused, as he had attempted to secure bail for the accused persons who were involved in the murder of the petitioner's brother.

3. It is further alleged that the petitioner hatched a criminal conspiracy along with other accused, and in pursuance of the said conspiracy, A1 and A2 attacked the deceased (Advocate) and murdered him by firing gun shots.

4. Learned counsel appearing for the petitioner submitted that earlier petition was dismissed on the ground that deceased in this case was appeared in a criminal cases in support of the rival group of the petitioner herein and hence the occurrence has taken place. However, the facts remain that continuously there was political rivalry between the other accused and the deceased and his group. This petitioner is only a brother of A1 he has been falsely implicated in this case, as if he also participated in the conspiracy and he submitted now the case is committed to Sessions and pending in S.C.No.108 of 2025 on the file of the II Additional District Judge at Arakonam. He would further submit that the 2/6

petitioner was arrested and she is in judicial custody from 12.06.2025 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.

5. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that this is a case of murder of an Advocate who was appearing on behalf of his client. He further submitted that the petitioner murdered the deceased out of rivalry, and though the investigation has been completed and the final report filed, the enmity between the two groups still continues. It was further submitted that the earlier bail petition filed by the petitioner had been dismissed by this Court in Crl.O.P.No.23255 of 2025 dated 11.09.2025. He further submitted that now the case is committed to Sessions Court and pending in S.C.No.108 of 2025 and he further submitted all other accused detained under Act 14 of 1982. Hence, he strongly opposed the grant of bail to the petitioner.

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

7. Considering the submissions of the learned counsel on either side and the period of incarceration and peruse the records it reveals that the deceased was not murdered on account of the professional service, it was done due to the political rivalry between the parties and further overtact against the petitioner is 3/6

that he was not directly involved in the offence and alleged to have been participated in the conspiracy along with the brother of the petitioner herein and the petitioner is also not having any previous cases, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

8. 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, Sholingur, Raniper District, 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 Judicial Magistrate, Sholingur, Ranipet District daily at 10.30 a.m., for a period of two 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 4/6

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.

17.11.2025 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 Judicial Magistrate, Sholingur, Ranipet District. 2.The Inspector of Police, Sholinghur Police Station, Ranipet District.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

rna 17.11.2025 6/6