Seenivasan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Seenivasan ... Petitioner Vs.

The State represented by, The Inspector of Police, Ammapet Police Station, Salem District.

(Crime No.1612 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.1612 of 2024, pending investigation on the file of the respondent Police.

For Petitioner :

Mr.C.Deepak Kumar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.1612 of 2024 registered for the offences punishable under Sections 296(b), 287, 326(g) and 351(3) of BNS, is on board for consideration.

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2. The incarceration of the petitioner being from 10.12.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner, aged about 19 years, is in no way connected with the alleged offence, however, due to previous enmity, a false complaint has been lodged against him. He also submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that since the de facto complainant had questioned the petitioner for scolding his son, the petitioner enraged over the same and hurled a petrol bomb at the de facto complainant's house, in which, the de facto complainant sustained injury. He further submits that the case is under investigation.

4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and 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 2/4

only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.5, Salem, 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;

[b] the petitioner shall stay at Krishnagiri and report before the Inspector of Police, Krishnagiri Town Police Station, everyday at 10.30 a.m., until further orders. It is made clear that the petitioner shall not enter into the jurisdictional limits of the respondent police, 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; [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 of B.N.S.

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A.D.JAGADISH CHANDIRA.,J.

ham To

1. The Judicial Magistrate No.5, Salem.

2. The Inspector of Police, Ammapet Police Station, Salem.

3. The Superintendent, Central Prison, Salem.

4. The Inspector of Police, Krishnagiri Town Police Station, Krishnagiri.

5. The Public Prosecutor, High Court of Madras.

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