Bharath @ Kulla Bharath v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.OP.No.

of 2025 Bharath @ Kulla Bharath ... Petitioner Vs.

State rep by, The Inspector of Police, G-7 Chetpet Police Station, (Crime No.209 of 2025).

... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail concerned in Cr.No.209 of 2025 pending on the file of the respondent. For Petitioners : Mr.P. Pugalenthi 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 28.09.2025, for the alleged offence punishable under Section 103(1) of BNS in Cr.No.209 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has conspired with the other accused and abducted the deceased to a lonely place and attacked 1/7

him with knife and committed the murder of the deceased. The investigation report reveals that the deceased is having illegal relationship with sister of A1. Hence on the instigation of A1 this occurrence has taken place. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in custody from 28.09.2025 and he is ready to abide by any stringent 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 the respondent police reiterated the prosecution case and submitted that totally three persons involved in the occurrence and the deceased is having illegal relationship with sister of A1. He also submitted that major part of the investigation was completed and yet to file a final report and there is no previous case against the petitioner. Hence, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts of the case and the major part of the 2/7

investigation is completed and the motive behind the occurrence and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on her 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 II Metropolitan Magistrate Court, Egmore, Chennai -8 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 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 II Metropolitan Magistrate Court, Egmore, Chennai -8 at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation; [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;

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[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 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. 10.12.2025 smn 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 II Metropolitan Magistrate Court, Egmore, Chennai -8

2. The Inspector of Police, G-7 Chetpet Police Station,

3. The Central Prison-2, Puzhal, Chennai-66 4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

smn Crl.O.P.No.33840 of 2025 10.12.2025 6/7