High Court · 2025

CRL OP No. 14974 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-05-2025CORAMTHE HONOURABLE MR JUSTICE M. NIRMAL KUMARCRL OP NOS. 14974 of 2025AND 15076 of 2025 Juber @ Joofer S/o.Sapjohn, No.136, Lala Sagif Middle Street, Harochandrapuram, Tiruvallur-631210.SelvarajS/o.AppaduraiNo.21/11, Shastiri Nagar,Madavaram MMC, Milk Colony,Tiruvallur – 600 051. .. Petitioner in Crl.O.P.No.14974/2025 .. Petitioner in Crl.O.P.No.15076/2025VsState Rep. By The Inspector of PoliceT-1, Ambattur Police Station, Tiruvallur District. Crime No.201 of 2025Respondent(s) https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025PRAYERTo enlarge the Petitioners on bail in pending investigation in Crime No.201 of 2025 on the file of the Respondent Police.For Petitioner: in Crl.O.P.No.14974/2025 For Petitioner: in Crl.O.P.No.15076/2025 Mr.V.Sukumar Mr.ManurajFor Respondent(s):Mr.Leonard Arul Joseph Selvam Govt Advocate (Crl. Side)COMMON ORDERThe petitioner in Crl.O.P.No.14974 of 2025, who was arrested and remanded to judicial custody on 02.03.2025, for the offence punishable under Section 103 of the Bharatiya Nyaya Sanhita (B.N.S), 2023, subsequently altered into Sections 126(2), 191(2), 191(3), 103, 61(2) and 190 of B.N.S. (Section 341, 147, 148, 302, 120 (B) and 149 of I.P.C) in connection with Crime No.201 of 2025, registered on the file of the respondent, seeks bail.2. The petitioner in Crl.O.P.No.15076 of 2025, who was arrested and remanded to judicial custody on 06.03.2025, for the offence punishable under Section 103 of Bharatiya Nyaya Sanhita (B.N.S), 2023, subsequently altered into Sections 103, 126(2), 191(2), 191(3), 103, 61(2) and 190 of B.N.S. in connection with Crime No.201 of 2025, registered on the file of the respondent, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 20253. The case of the prosecution is that the defacto complainant is the mother of the victim namely, Dinesh Babu and the deceased was working as Badminton Trainer in ABA Badminton Academy and that on 28.02.2025 at 3.45 p.m, the accused namely, Rajvel, Manikandan and Sujith Kumar had assaulted the deceased with knife, thereby the deceased sustained grievous injuries and was taken to the Government Hospital, Avadi, where the doctors told that he was already died. Hence the case. 4. The contention of the petitioner in Crl.O.P No.15076 of 2025 is that A1's daughter Yamini had some relation relationship with the deceased and A1 got enraged over the same and said to have informed his friends/A2 & A3, who have engaged the other accused to attack the deceased. Admittedly, the petitioner/A1 was not present in the scene of occurrence. A1's daughter had some misunderstanding with her husband and came back to A1's house and she had relationship with the deceased for which A1 got enraged and arranged the henchmen to finish the deceased. The petitioner/A1 had got nothing to do with the other accused except for sharing his grief and pain with his friends. He further submitted that the overtact attributed as against A1 is that he followed an auto in which A4 and A9 were travelling and informed to hand over the weapon used in the attack to be handed over to A10 and there is no evidence to show that he was present in the scene of occurrence and participated in the offence. If at all, he participated in the offence, A1's role is attributed. He further submitted https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025that the petitioner/A1 has been detained under Goondas Act and it has been revoked on 05.05.2025. The learned counsel further submitted that the petitioner herein is suffering incarceration from 06.03.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.5. The contention of the petitioner in Crl.O.P No.14974 of 2025 is that the petitioner/A11 had not committed any offence as alleged by the prosecution and he is no way connected with the alleged offence and he has been falsely implicated in this case. He further submitted that petitioner herein is suffering incarceration from 02.03.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.6. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that in this case, one Yamini, who is the daughter of A1 had relationship with the deceased, who is a Badminton Trainer and after coming to know about this, Yamini's husband had chosen to away her from the matrimonial home. Yamini's father A1 advised her to change her activities, but on the influence of the deceased, she is acting so. Hence, A1 arranged through his friends A2 and A3 to finish the deceased and A4 and A5 had been engaged , in turn who had further engaged A6, came in an auto with knife near the Tennis Academy and attacked the deceased and thereafter, all the accused escaped from https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025the scene of occurrence. As regards this petitioner is concerned, he is the father of Yamini and he is not present in the scene of occurrence. In this case, investigation is also completed and final report is yet to be filed. 7. Heard both sides and perused the materials available on record.8. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioner with certain conditions. 9. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur, 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 petitioners shall stay at Chengalpattu and report before the Chengalpattu Town Police Station, everyday at 10.30 a.m., till filing of the charge sheet and thereafter, appear before the trial Court on all the hearing dates; https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required;[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, they 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.14.05.2025uma/asi https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025To1. The Inspector of Police T-1, Ambattur Police Station, Tiruvallur District. 2. The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu.3. The Judicial Magistrate, Ambattur.4. The Public Prosecutor High Court of Madras. 5. The Central Prison, Puzhal. https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025M.NIRMAL KUMAR J.uma/asiCRL OP NOS. 14974 of 2025AND 15076 of 2025 14-05-2025

CRL OP No. 14974 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-05-2025CORAMTHE HONOURABLE MR JUSTICE M. NIRMAL KUMARCRL OP NOS. 14974 of 2025AND 15076 of 2025 Juber @ Joofer S/o.Sapjohn, No.136, Lala Sagif Middle Street, Harochandrapuram, Tiruvallur-631210.SelvarajS/o.AppaduraiNo.21/11, Shastiri Nagar,Madavaram MMC, Milk Colony,Tiruvallur – 600 051. .. Petitioner in Crl.O.P.No.14974/2025 .. Petitioner in Crl.O.P.No.15076/2025VsState Rep. By The Inspector of PoliceT-1, Ambattur Police Station, Tiruvallur District. Crime No.201 of 2025Respondent(s) https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025PRAYERTo enlarge the Petitioners on bail in pending investigation in Crime No.201 of 2025 on the file of the Respondent Police.For Petitioner: in Crl.O.P.No.14974/2025 For Petitioner: in Crl.O.P.No.15076/2025 Mr.V.Sukumar Mr.ManurajFor Respondent(s):Mr.Leonard Arul Joseph Selvam Govt Advocate (Crl. Side)COMMON ORDERThe petitioner in Crl.O.P.No.14974 of 2025, who was arrested and remanded to judicial custody on 02.03.2025, for the offence punishable under Section 103 of the Bharatiya Nyaya Sanhita (B.N.S), 2023, subsequently altered into Sections 126(2), 191(2), 191(3), 103, 61(2) and 190 of B.N.S. (Section 341, 147, 148, 302, 120 (B) and 149 of I.P.C) in connection with Crime No.201 of 2025, registered on the file of the respondent, seeks bail.2. The petitioner in Crl.O.P.No.15076 of 2025, who was arrested and remanded to judicial custody on 06.03.2025, for the offence punishable under Section 103 of Bharatiya Nyaya Sanhita (B.N.S), 2023, subsequently altered into Sections 103, 126(2), 191(2), 191(3), 103, 61(2) and 190 of B.N.S. in connection with Crime No.201 of 2025, registered on the file of the respondent, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 20253. The case of the prosecution is that the defacto complainant is the mother of the victim namely, Dinesh Babu and the deceased was working as Badminton Trainer in ABA Badminton Academy and that on 28.02.2025 at 3.45 p.m, the accused namely, Rajvel, Manikandan and Sujith Kumar had assaulted the deceased with knife, thereby the deceased sustained grievous injuries and was taken to the Government Hospital, Avadi, where the doctors told that he was already died. Hence the case. 4. The contention of the petitioner in Crl.O.P No.15076 of 2025 is that A1's daughter Yamini had some relation relationship with the deceased and A1 got enraged over the same and said to have informed his friends/A2 & A3, who have engaged the other accused to attack the deceased. Admittedly, the petitioner/A1 was not present in the scene of occurrence. A1's daughter had some misunderstanding with her husband and came back to A1's house and she had relationship with the deceased for which A1 got enraged and arranged the henchmen to finish the deceased. The petitioner/A1 had got nothing to do with the other accused except for sharing his grief and pain with his friends. He further submitted that the overtact attributed as against A1 is that he followed an auto in which A4 and A9 were travelling and informed to hand over the weapon used in the attack to be handed over to A10 and there is no evidence to show that he was present in the scene of occurrence and participated in the offence. If at all, he participated in the offence, A1's role is attributed. He further submitted https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025that the petitioner/A1 has been detained under Goondas Act and it has been revoked on 05.05.2025. The learned counsel further submitted that the petitioner herein is suffering incarceration from 06.03.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.5. The contention of the petitioner in Crl.O.P No.14974 of 2025 is that the petitioner/A11 had not committed any offence as alleged by the prosecution and he is no way connected with the alleged offence and he has been falsely implicated in this case. He further submitted that petitioner herein is suffering incarceration from 02.03.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.6. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that in this case, one Yamini, who is the daughter of A1 had relationship with the deceased, who is a Badminton Trainer and after coming to know about this, Yamini's husband had chosen to away her from the matrimonial home. Yamini's father A1 advised her to change her activities, but on the influence of the deceased, she is acting so. Hence, A1 arranged through his friends A2 and A3 to finish the deceased and A4 and A5 had been engaged , in turn who had further engaged A6, came in an auto with knife near the Tennis Academy and attacked the deceased and thereafter, all the accused escaped from https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025the scene of occurrence. As regards this petitioner is concerned, he is the father of Yamini and he is not present in the scene of occurrence. In this case, investigation is also completed and final report is yet to be filed. 7. Heard both sides and perused the materials available on record.8. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioner with certain conditions. 9. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur, 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 petitioners shall stay at Chengalpattu and report before the Chengalpattu Town Police Station, everyday at 10.30 a.m., till filing of the charge sheet and thereafter, appear before the trial Court on all the hearing dates; https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required;[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, they 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.14.05.2025uma/asi https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025To1. The Inspector of Police T-1, Ambattur Police Station, Tiruvallur District. 2. The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu.3. The Judicial Magistrate, Ambattur.4. The Public Prosecutor High Court of Madras. 5. The Central Prison, Puzhal. https://www.mhc.tn.gov.in/judis CRL OP No. 14974 of 2025M.NIRMAL KUMAR J.uma/asiCRL OP NOS. 14974 of 2025AND 15076 of 2025 14-05-2025