Iniyavan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

1. Iniyavan

2. Theerthagiri

3. Ambed Kumar

4. Manoj Kumar

5. Suresh ... Petitioners Vs.

The State represented by, The Sub-Inspector of Police, Pappireddipatti Police Station, Dharmapuri District.

(Crime No.222 of 2024).

... Respondent PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.222 of 2024, pending investigation on the file of the respondent Police.

For Petitioners :

Mr.E.Kannadasan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/4

O R D E R

Petition seeking bail in respect of Crime No.222 of 2024 registered for the offence punishable under Sections 191(2), 126(2), 115(2), 140(2) of BNS and later altered to one under Sections 191(2), 126(2), 115(2), 140(2), 308(2), 308 of BNS, is on board for consideration.

2. The incarceration of the petitioners being from 24.12.2024 pleading innocence on the part of the petitioners and false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He further submits that the de facto complainant, who was running a matriculation School in the name of Himalayan Matriculation Higher Secondary School, had approached the mother of the first petitioner in the guise of leasing out the said school and received a sum of Rs.15 lakhs from her and cheated her, thereby, a complaint was also lodged against the de facto complainant in Crime No.114 of 2024 for the offence under Section 318(4) of BNS on the file of the A.Pallipatti Police Station. Whereas, now, in order to evade re-payment of the said amount, the de facto complainant had lodged a false complaint against the petitioners. He also submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court.

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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 due to the dispute with regard to management of a School, the accused had abducted the de facto complainant and tortured him. He further submits that the case is under investigation.

4. Having heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the facts of the case, this Court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on their executing separate bond each 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.II, Pappireddipatti, 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 petitioners shall report before the respondent, everyday at 06.30 p.m., until further orders; 3/4

A.D.JAGADISH CHANDIRA.,J.

ham [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the 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)AIR SCW 5560]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 22.01.2025 ham To

1. The Judicial Magistrate No.II, Pappireddipatti.

2. The Sub-Inspector of Police, Pappireddipatti Police Station, Dharmapuri District.

3. The Superintendent, Sub Jail, Harur.

4. The Public Prosecutor, High Court of Madras.

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