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Madras High CourtCRL OP/32010/2025granted

C.Yokesh v. The State Rep By The Inspector Of Police

2025-11-24Honourable Mr.Justice K.Rajasekar8 pages

fIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.11.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR C.Yokesh ... Petitioner Vs.

The State represented by The Inspector of Police, Ponnerikkarai Police Station, Kancheepuram District.

(Crime No.256 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.256 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.V.Santhosh For Respondent :

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

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 25.10.2025, for the offence punishable under Sections 103(1), 109, 115(2), 1/8

118(1), 296(b), 35(3) of BNSS, 2023 in Crime No.256 of 2025, registered on the file of the respondent, seeks bail.

2. The allegation against the petitioner is that the petitioner is ranked as A2 in this case, due to property dispute, on 25.10.2025, petitioner joining hands with other accused attacked his own mother and family members with knife and deadly weapons, due to which, deceased sustained injuries and died on the spot. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the 2/8

prosecution case and submitted that the petitioner has no previous case. He further submitted that this petitioner has not attacked the deceased and attacked the defacto complainant. However, he opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and the fact that the petitioner has no bad antecedents and has not attacked the deceased, 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 their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kanchipuram and on further conditions that: [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 3/8

Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall stay at Cuddalore and report before the Judicial Magistrate No.I, Cuddalore on all working days at 10.30.a.m., until further orders; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to 4/8

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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.11.2025 sma 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 No.II, Kanchipuram 2.The Inspector of Police, Ponnerikkarai Police Station, Kancheepuram District.

3.The Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 7/8

24.11.2025 8/8