High Court · 2025

CRL A No. 1771 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25-11-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL A No. 1771 of 20251. E.VigneshC/o.Elumalai, D.No. 5/786 Santhanamariyamman Koil Street, Red Hills, Annai Indira Nainaivu nagar, Pammadukulam, Ambattur, Thiruvallur District- 600 052. and another2. Ashok KumarS/o.A.Cheliyan, 1/448 Bala Ganesan Nagar, First Street, Padiyanallur, Thiruvallur district.Appellant(s)Vs1. The Assistant Commissioner of PoliceRed Hills, H.C.F. Main road, Avadi, Chennai - 600 054.1/8 https://www.mhc.tn.gov.in/judis CRL A No. 1771 of 20252.State Rep. by The Inspector of PoliceM4 Redhills Police Station, Thiruvallur district. Crime No. 666/2025.3.K.VeeraraghavanS/o.Karuppiah, No. 2/258 MGR Street, Kattunayakkan Nagar, Red hills, Chennai.Respondent(s)CRL A No. 1771 of 2025PRAYERTo set aside the order made in Crl.M.P.No. 4651/2025 on the file of the Principal District and Sessions Judge, Thiruvallur dt. 10.11.2025 in Crime no. 666/2025 on the file of the 2nd respondent by allowing the present appealFor Appellant(s):Mr. R.GokulakrishnanFor Respondent(s):Mr.V.Meganathan,Govt. Advocate (Crl. Side) For R1 And R2Ms.D.Vijaya for R3ORDERThis Criminal Appeal has been filed as against the order made in in Crl.M.P.No.4651 of 2025 on the file of Principal District and Sessions Judge, Thiruvallur dated 10.11.2025 in Crime No.666 of 2025 on the file of 2nd respondent by allowing the present appeal, thereby dismissing the petition for bail.2/8 https://www.mhc.tn.gov.in/judis CRL A No. 1771 of 20252. The learned counsel appearing for the appellants would submit that they are arrayed as A3 and A4 in this case and they prayed for bail stating that they have been falsely implicated in this case as if they along with other accused conspired together and attacked the deceased Manimaran on the date of occurrence with an intention to kill him and thereafter they have also attempted to hide all the evidence by colluding each other and also abused him by calling his caste name. In fact, the A1 is the Managing Director of the company, wherein the said company is dealing with manufacturing of plastics. He would submit that A2 is his son and others are employees in the said company, who are appellants herein. According to the appellants, they were falsely implicated in this case and they are ready to abide any condition imposed by this court. They have not involved in the commission of offence as alleged by the prosecution. 3. Notice served. The defacto complainant/3rd respondent appeared in person along with his counsel. The learned counsel for 3rd respondent raised strong objections stating that the son of 3rd respondent/defacto complainant was collecting scrap materials, however, on the date of occurrence, he was caught hold by the accused and they have attacked him, due to which, he died. Thereafter, they have also attempted to dislocate him by removing his identification marks and also attempted to change his physical features. So, they have actively involved in the commission of murder. Hence, she raised strong objections. 3/8 https://www.mhc.tn.gov.in/judis CRL A No. 1771 of 20254.The learned Government Advocate for the respondents 1 and 2 raised strong objections stating that all the accused were actively involved in the commission of offence, conspired together in attacking the deceased on that day, thereafter, they have also attempted to remove all the identification marks of the scribe. 5.After registration of FIR as against the appellants, the appellants were arrested and remanded to judicial custody on 10.10.2025. Thereafter, they have filed a bail petition before the Principal and District Sessions Judge at Tiruvallur in Crl.M.P.No.4651 of 2025 and the same was dismissed. Hence, the appellant filed the present appeal seeking bail.6.As on date, the accused persons A1 and A5 are detained under Goondas Act and the final report is not yet filed. On seeing the facts, the petitioners are employees and they are ready to abide any condition imposed by this court. Considering the above facts and circumstances and also considering the fact that deceased was aged about 26 years, the 3rd respondent/defacto complainant is standing before this court and before the death, the deceased was married, having two months old little child and during the course of occurrence, they have tonsured the deceased. However, considering the family circumstances, due to the sudden demise of defacto complainant's son at the age of 26 years 4/8 https://www.mhc.tn.gov.in/judis CRL A No. 1771 of 2025and also having two months old child and taking into consideration of the fact that as on date, the investigation is almost completed and the fact that there is no previous case pending against the 1st appellant and one case pending against the 2nd appellant and also considering the period of incarceration undergone by the appellants from the date of their arrest i.e., 10.10.2025 for more than 52 days, this Court is inclined to grant bail to the appellants. Accordingly, the order made by the Principal and District Sessions Judge at Tiruvallur in Crl.M.P.No.4651 of 2025 dated 10.11.2025, is hereby set aside. This Criminal Appeal stands allowed.8.The appellants are directed to deposit a sum of Rs.50,000/- each, totally a sum of Rs.1,00,000/- (Rupees one lakh only) into the credit of Crime No. 666 of 2025 before the concerned Magistrate within a period of two weeks from the date of receipt of copy of this order and on such deposit, the appellants are ordered to be released on bail on their execution of 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 Learned Principal District and Sessions Judge, Thiruvallur and on further conditions that:[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.5/8 https://www.mhc.tn.gov.in/judis CRL A No. 1771 of 2025[b] the appellants shall report before the respondent police on every Tuesday and Sunday at 10.30 a.m., for the period of four months [c] the appellants shall not abscond either during investigation or trial.[d] the appellants shall not tamper with evidence or witness either during investigation or trial.[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the appellants in accordance with law as if the conditions have been imposed and the appellants 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].[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.9. On such deposit of amount being made, father, mother, wife and minor child of deceased, each are entitled to withdraw a sum of Rs.25,000/- and so far as minor is concerned, her share amount shall be deposited in a Fixed Deposit in a nearby post office by the wife of deceased and interest 6/8 https://www.mhc.tn.gov.in/judis CRL A No. 1771 of 2025amount is ordered to be used for the welfare of the child. On such deposit of amount being made, the trial court is directed to disburse the amount without any delay within a period of one week to the victim family. 25-11-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Principal District and Sessions Judge, Thiruvallur. 2.The Assistant Commissioner of PoliceRed Hills, H.C.F. Main road, Avadi, Chennai - 600 054.3.The Inspector of PoliceM4 Redhills Police Station, Thiruvallur district. 4. The Superintendent of Prison, Central Prison, Puzhal, Chennai.5. The Public Prosecutor, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis CRL A No. 1771 of 2025T.V.THAMILSELVI J.rppCRL A No. 1771 of 202525-11-2025(1/2)8/8