Crl.O.P.No.15801 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.06.2025 CORAM THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.15801 of 2025 1.S.Murugesan 2.M.Suman 3.P.Sudhakar 4.A.Palani Kumar 5.S.Parameshwaran ... Petitioners/A1 to A5 Vs. The State through The Inspector of Police, T-1 Ambattur Police Station, Ambattur, Chennai – 600 053. Crime No.346 of 2025. ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail in Crime No.346 of 2025 pending investigation on the file of the Respondent police. For Petitioner : Mr.R.Ganesh Kumar For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15801 of 2025 O R D E R The petitioners, who were arrested and remanded to judicial custody on 25.04.2025, for the offence punishable under Sections 194 of BNSS @ Sections 191(2), 191(3), 296(b), 115(2), 105, 351(3) of BNS, 2023 r/w Section 190 of BNS, 2023 in connection with Crime No.346 of 2025, registered on the file of the respondent, seek bail. 2. The case of the prosecution is that on 12.04.2025, the de-facto complainant's husband went to his company and did not return to his home. Thereafter, on 15.04.2025, de-facto complainant's husband brought to the home by his friends in an unconscious manner. Immediately, he was taken to the hospital, where he was declared as brought dead. Initially, the case was registered under Section 194 of BNSS, after investigation, the section was altered. 3.The contention of the learned counsel for petitioner is that the first petitioner is the manufacturer of Mattress. The petitioners 2 to 5 are the employees under him. The deceased in this case used to collect mattresses from the petitioners' factory and do retailing. On 12.04.2025, he took mattresses worth about Rs.6,500/-, sold the same but not return the sale amount to the company, 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15801 of 2025 which was questioned by A1. At that time, there was heated arguments. The deceased, who was in a drunken stage, attempted to take wooden log and stone to attack the petitioners. At that time, he lost his control, fell on the stone and became unconscious due to the injury. Thereafter he was dropped in his house and later succumbed to the injuries. Hence, he prayed for grant of bail to the petitioners. 4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the deceased used to collect mattresses from A1's Bed company and do retailing. On 12.04.2025, he took mattresses worth about Rs.6,500/- for sale. Thereafter, neither he returned the bed nor gave sale amount to the accused company. When this was questioned by A1, there was a wordy altercation arose between the petitioners and deceased, in which they pushed him down, he fell down and sustained injuries and thereafter succumbed to injuries. Hence, strongly opposed for granting bail to the petitioners. 5.The learned counsel for the petitioners submitted that though it is an accidental death, it has been projected that the petitioners had attacked the deceased. The learned counsel on instructions submits that on humanitarian 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15801 of 2025 consideration the petitioners are ready to pay the deceased family a sum of Rs.2,00,000/- (Rupees Two lakhs only) immediately without prejudice to their right and defence in the above case, the payment cannot be considered as an admission. 6. Considering the nature of allegations and the petitioners now depositing a sum of Rs.2,00,000/- (Rupees Two lakhs only) to the deceased family and the proof to be produced at the time of executing sureties, this Court is inclined to grant bail to the petitioners with certain conditions. 7. 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, 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 report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for further interrogation; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15801 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. 19.06.2025 rsi 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15801 of 2025 M.NIRMAL KUMAR, J. rsi Note : 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. To 1.The Judicial Magistrate, Ambattur. 2.The Inspector of Police, T-1 Ambattur Police Station, Ambattur, Chennai – 600 053. 3.The Superintendent, Central Prison, Puzhal, Chennai. 4.The Public Prosecutor, High Court of Madras. Crl.O.P.No.15801 of 2025 19.06.2025 6/6 https://www.mhc.tn.gov.in/judis