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Madras High CourtCRL OP/35740/2025granted

Luviyarasan v. The State Rep. By

2025-12-26Honourable Mr.Justice P. Dhanabal7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Luviyarasan ... Petitioner Vs.

The State Rep by The Inspector of Police Kaveripakkam Police Station Ranipet District Crime No.202 of 2025.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to grant bail to the petitioner in SC.No.94 of 2025 on the file of the I Additional District Judge Ranipet, Ranipet District. For Petitioner : Mr.D.Balaji For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side) 1/7

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 08.05.2025, for the alleged offences punishable under Sections 140(3), 61(2), 296(b), 127(2), 115(2), 103(1) of BNS, in Crime No.202 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that while the petitioner was in prison the deceased had illegal affair with the petitioner's wife. After coming out from jail, the petitioner took the deceased to a remote place and committed murder. Hence, the present case came to be registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the co-accused already released on bail. The petitioner has been suffering incarceration from 08.05.2025 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case, investigation is pending and the offences are serious in nature and submitted that there are 18 previous cases pending against the petitioner and investigation was completed and charge sheets also filed. However, he vehemently opposed to grant of bail to the petitioner.

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

6. Considering the nature of allegations and already investigation is completed, charge sheet also filed and the case is numbered as Session Case in SC.94 of 2025 and already the petitioner was detained under Goondas, thereafter the same was revoked and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

[a] Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the I Additional District Court, Ranipet, Ranipet District and on further conditions that:- 3/7

[b] the petitioner shall report before the Trial Court on all working days at 10.30.a.m., until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

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dna/rsi 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 I Additional District Court, Ranipet, Ranipet District.

2.The Inspector of Police Kaveripakkam Police Station Ranipet District Crime No.202 of 2025.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

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