High Court · 2025

CRL OP No. 24683 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10-09-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL OP No. 24683 of 20251. Rajan@ SathiyarajS/O.Michel, and another2.Appu @ John BoscoS/O.Rayappan, Both are residing at No.118 , Road Street , Alapakkam Village , Nemili Taluk, Ranipet DistrictPetitioner(s)VsState rep by The Inspector of PoliceKaveripakkam Police Station, Ranipet District (Crime No.202/2025)Respondent(s)CRL OP No. 24683 of 2025PRAYERTo release the petitioner on bail pending investigation in the above cr.no.202/2025 on the file of the respondent 1/7 https://www.mhc.tn.gov.in/judis CRL OP No. 24683 of 2025For Petitioner(s):Mr.P. ParthipanFor Respondent(s):Mr.A.Gopinath,Govt. Advocate (Crl. Side)ORDERThe petitioners, who were arrested and remanded to judicial custody on 07.05.2025 for the alleged offence under Section 140(3), 61(2), 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 prosecution is that while the petitioner was in prison, his relative Mr.Arunkumar had developed affair with his wife, which resulted in desertion by his wife and having aggrieved by his act, he planned to murder him. Accordingly, on 06.05.2025 he trapped the deceased by calling him to get back his debt from a third party and thereafter, both of them went through the area in his bike, wherein the petitioner accompanied with A1 and aided him by holding both deceased hands while A1 has tightened his neck until his tongue came out. Hence the complaint was registered against the petitioners. 3. The learned counsel appearing for petitioners submitted that this is the third petition seeking for bail and they have been falsely implicated in this case 2/7 https://www.mhc.tn.gov.in/judis CRL OP No. 24683 of 2025as if the petitioners/A2 and A3 have caught hold of hands of deceased and A1 strangulated him by using a towel, due to which, he sustained serious injury and died. In fact, based on the confession of A1 only, they have been falsely implicated in this case and there is no specific overtact attributed against the petitioners and they are no way connected with the offence. He would submit that they have not at all committed any of offence as alleged by the respondent police and they will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration for more than 124 days from 06.05.2025. Hence, he prayed to grant bail to the petitioners. 4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that due to illegal intimacy of deceased with A1's wife they have planned murder to him, wherein the petitioners have caught hold of hands of deceased and A1 had strangulated him by using towel. Further, the 1st petitioner/A2 is having four previous cases and the 2nd petitioner/A3 is having two previous cases. He would submit that totally three accused involved in this case and the petitioners are arrayed as A2 and A3 and A1 is still in judicial custody. He would submit that investigation completed and final report was also filed. He would submit that that if they are released on bail, they would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioners.3/7 https://www.mhc.tn.gov.in/judis CRL OP No. 24683 of 20255. So far as first petitioner/A2 is concerned, he was detained under Goondas Act. So, considering that, this Court is not inclined to grant bail to the 1st petitioner/A2.6. Considering the above facts and circumstances, and the fact that investigation completed and final report was filed and also considering the period of incarceration undergone by the 2nd petitioner from 07.05.2025 for more than 124 days, this Court is inclined to grant bail to the 2nd petitioner subject to the following conditions:7. Accordingly, the 2nd petitioner/A3 is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate No.1, Walajapet, and on further conditions that:(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;(b) the 2nd petitioner shall stay at Ramanathapuram District and sign before the Town Police Station, Ramanathapuram daily at 10.30 a.m. for the period of three 4/7 https://www.mhc.tn.gov.in/judis CRL OP No. 24683 of 2025months and thereafter, he shall report before the respondent police on alternative days at 10.30 a.m. for another period of three months ;(c) the 2nd petitioner shall not commit any offences of similar nature;(d) the 2nd petitioner shall not abscond either during investigation or trial;(e) the 2nd petitioner shall not tamper with evidence or witness either during investigation or trial;(f) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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 of BNS.10-09-20255/7 https://www.mhc.tn.gov.in/judis CRL OP No. 24683 of 2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1.The District Munsif cum Judicial Magistrate No.1, Walajapet.2.The Inspector of Police, Kaveripakkam Police Station, Ranipet Dt.3. The Superintendent of Prison, Central Prison, Vellore.4.The Public Prosecutor, High Court, MadrasNote :-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.6/7 https://www.mhc.tn.gov.in/judis CRL OP No. 24683 of 2025T.V.THAMILSELVI J.rppCRL OP No. 24683 of 2025 10-09-20257/7