High Court · 2025

Crl.O.P.Nos.18659, 18724 & 18729 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 01.07.2025CORAM THE HONOURABLE MR. JUSTICE M.NIRMAL KUMARCrl.O.P.Nos.18659, 18724 & 18729 of 2025Ranganayagi ... Petitioner/A7 in Crl.O.P.No.18659/ 20251.Shreya2.Sruthi ... Petitioners/A9 & A4 in Crl.O.P.No.18724/ 2025Lakshmanan ... Petitioners/A11 in Crl.O.P.No.18729/ 2025Vs.State Rep. By The Inspector of Police,Mahalingapuram Police Station.Coimbatore District.(Crime No.82 of 2025) ... Respondent in all Crl.O.Ps.COMMON PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail concerned in Crime No.82 of 2025 pending on the file of the respondent police station.1/9 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.18659, 18724 & 18729 of 2025In Crl.O.P.No.18659 of 2025For Petitioner:Mr.W.Camyles GandhiFor Respondent:Mr.R.VinothrajaGovernment Advocate (Crl.Side)For Intervenor: Mr.E.SathiyarajIn Crl.O.P.Nos.18724 & 18729 of 2025For Petitioner:Mr.S.N.Arun KumarFor Respondent:Mr.R.VinothrajaGovernment Advocate (Crl.Side)For Intervenor: Mr.E.SathiyarajCOMMON O R D E RThe petitioners, who were arrested and remanded to judicial custody on 23.05.2025 and 27.05.2025, respectively, for the offences punishable under Sections 118(1) and 127(2) of BNS @ 103(1), 127(2), 302, 3(5) and 61(2) of BNS, 2023 (Section 324 and 342 of IPC @ 302, 342, 298, 34 and 120-B of IPC) in connection with Crime No.82 of 2025, registered on the file of the respondent, seek bail.2/9 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.18659, 18724 & 18729 of 20252. The case of the prosecution is that the de-facto complainant's son, 22 years old is mentally challenged person. The de-facto complainant admitted his son in Yuthira Charitable Trust, Mahalingapuram. On 15.05.2025, A1 called the de-facto complainant and informed that his son is missing, when they took the de-facto complainant's son to Azhiyar Park. Later, on verification it was found that the de-facto complainant's son was man handled. Hence, the case.3. (i)The contention of the learned counsel for petitioner/A7 is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner/A7 is only a paid employee of the trust as Caretaker. The petitioner/A7 was not present in the occurrence place and no knowledge about the said incident.(ii) The contention of the learned counsel for petitioners/A9 & A4 is that the petitioners are innocent persons and they have nothing to do with the alleged offence. The only overt act attributed against the petitioners/A9 & A4 is that they are daughters of A1 and A11.(iii) The contention of the learned counsel for petitioner/A11 is 3/9 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.18659, 18724 & 18729 of 2025that the petitioner is an innocent person and he has nothing to do with the alleged offence. The petitioner/A11 is neither the worker nor the member of the said Trust. The only overt act attributed against the petitioner/A11 is that he is the husband of A1.4.The learned counsel for petitioners further submitted that the co-accused/A10 has been granted bail by this Court in Crl.O.P.No.17254 of 2025 on 20.06.2025. Hence, they prayed to grant bail to the petitioners.5. Learned Government Advocate (Criminal Side) appearing for the respondent police opposed for granting bail to the petitioners submitting that A1 called the de-facto complainant on 15.05.2025 and informed that her son was found missing from the Centre and asked her to lodge a complaint as 'Man Missing' and a case in Crime No.79 of 2025 registered on 16.05.2025 for 'Man Missing'. Later during investigation A3 was enquired, who confessed, deceased was attacked using Stump and Cricket Bat on 12.05.2025 and thereafter he was disposed on 13.05.2025. Suppressing all these facts, de-facto complainant informed as though her son was found missing, hence, initially a Man Missing complaint registered, later altered on 4/9 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.18659, 18724 & 18729 of 202523.05.2025 for offence under Sections 118(1), 127(2), 61(2), 103, 302, 3(5) of BNS, 2023. The body was exhumed on 24.03.2025 in the presence of Tahsildar, Pollachi from the land of A1, A3 and A5 in Servarkarampalayam, Pollachi. The petitioners/A7, A4, A9 and A11 were actively participated in disposing the body of the deceased.6. The learned counsel appearing for the de-facto complainant/intervenor strongly opposed the petitioners' contention submitting that the de-facto complainant's son was admitted for treatment in the Centre, run by a Trust on 02.02.2025. The de-facto complainant regularly contact her son through video call. Lastly she spoke to her son till 09.05.2025. On 10.05.2025 it was informed the her son was taken to Azhiyar for Therapy, there he was found missing. Thereafter on the instructions of the Trustees, a complaint was lodged by the de-facto complainant under 'Man Missing'. Thereafter only she came to know that her son was done to death by the trustees, care takers and employees of the Centre and his body was buried. The petitioners played an active role in disposal of the body of deceased.5/9 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.18659, 18724 & 18729 of 20257. Considering the submission made and on perusal of the material, it is seen that petitioner/A7 is only a paid employee of the trust. The petitioners/A4 and A9 are the daughters of A1 and A11 and they are studying in a college in Coimbatore. The petitioner/A11 is the father of A4 & A9 and husband of A1. Further, this Court on a similar circumstances granted bail to the co-accused/A10. In view of the same, this Court is inclined to grant bail to the petitioners with certain conditions. 8. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 learned Judicial Magistrate No.II, Pollachi and learned Judicial Magistrate No.II, Coimbatore, respectively, 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 report before the respondent Police everyday at 10.30 a.m. until further orders;6/9 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.18659, 18724 & 18729 of 2025[c] the petitioners shall make themselves 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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.01.07.2025rsiNote :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 7/9 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.18659, 18724 & 18729 of 2025official website of this Court will be watermarked and will also have a QR code.8/9 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.18659, 18724 & 18729 of 2025M.NIRMAL KUMAR, J.rsiTo1.The Judicial Magistrate No.II, Coimbatore.2.The Judicial Magistrate No.II, Pollachi.3.The Inspector of Police,Mahalingapuram Police Station.Coimbatore District.4.The Superintendent,Central Prison, Coimbatore.5.The Superintendent,Central Prison (Special Prison for Women), Coimbatore.6.The Public Prosecutor,High Court of Madras. Crl.O.P.Nos.18659, 18724 & 18729 of 202501.07.20259/9