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2025 DAILYLAW 38041 (MAD)

RAMESH KRISHNAN v. THE STATE REP BY, THE INSPECTOR OF POLICE

CRL OP/8047/2025 · 2025-03-24

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.8047 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.03.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.8047 of 2025 Ramesh Krishnan ... Petitioner Vs. The State represented by, The Inspector of Police, Perambalur Police Station, Perambalur. (Crime No.109 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.109 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.S.V.Karthikeyan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 21.02.2025, seeking bail in Crime No.109 of 2025 registered for the offence under Sections 61(2) & 109 of BNS @ 318(4) & Section 61(2) & 107 of BNS. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8047 of 2025 2. The case of the prosecution is that the defacto complainant's father and the first accused are friends; that the doctor had advised the defacto complainant's father not to consume liquour; that the petitioner took the defacto complainant for consuming liquor; and that on the next day, the defacto complianant's father died; that thereafter, they saw a news, wherein A2 was arrested and in his confession he revealed that the petitioner has paid Rs.21 Lakhs to him to perform black magic on the defacto complainant. Hence, this case. 3. Learned counsel appearing for the petitioner submitted that the allegations are false; co-accused was granted bail by this Court and in any case, the petitioner is in custody from 21.02.2025 and since further custody is not required, the petitioner may be released on bail. 4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the petitioner has no previous case. He further confirmed the fact that co-accused was granted bail by this Court. 5. Considering the nature of allegations against the petitioner; the period of incarceration; the fact that co-accused was granted bail by this Court 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8047 of 2025 and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Perambalur. [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; [b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8047 of 2025 [e] On breach of any of the aforesaid conditions, the learned 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 24.03.2025 Sma To 1. Judicial Magistrate No.I, Perambalur. 2. The Inspector of Police, Perambalur Police Station, Perambalur. 3. The Superintendent, Central Prison, Trichy. 4. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8047 of 2025 SUNDER MOHAN., J. Sma Crl.O.P.No.8047 of 2025 24.03.2025 5/5 https://www.mhc.tn.gov.in/judis