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Madras High CourtCRL OP/31479/2025granted

G.Dhatchanamoorthy v. The State Rep By, The Inspector Of Police,

2025-11-18Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR G.Dhatchanamoorthy ... Petitioner -vsState Rep by, The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

(Crime No.407 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.407 of 2025 pending investigation on the file of the respondent police.

For Petitioner :

Mr.M.D.Ilayaraja For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.11.2025, for the alleged offence punishable under Sections 194 BNS, 2023 @ 105 of BNS(section 304 of IPC) in Crime No.407 of 2025, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner has installed electric fencing around his land, in which, the deceased accidentally stepped on it and died. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner was arrested in this case and has been in custody since 01.11.2025, and the major part of the investigation has been concluded. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) reported that originally the case was registered under Section 194 of BNS and later altered to Section 105 BNS. The investigation revealed that the petitioner had erected electric fencing around his land for the purpose of hunting certain wild animals, and the deceased accidentally stepped on it and was electrocuted. Hence, he 2/6

opposed for grant of bail to the petitioner.

5. Considering the nature of the allegation and the fact that the petitioner has been in incarceration since 19.10.2025, and has no previous cases, and it is a case of electrocution, I am inclined to grant bail to the petitioner, subject to 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, Arakkonam, 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 respondent police 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 3/6

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 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.

18.11.2025 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 Judicial Magistrate-I, Arakkonam.

2.The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

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

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

mpa 18.11.2025 6/6