Venkatachalam @ Vc v. State Rep.By, The Inspector Of Police.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.01.2025
CORAM
THE HON`BLE MR.JUSTICE G.R. SWAMINATHAN CRL OP.No.1125 of 2025
1. Venkatachalam @ VC S/o. Viswanathan
2. Veerasamy @ Veeran S/o. Kandasamy ... Petitioners / Accused - 1 & 2 Vs State represented by:
The Inspector of Police, Deevattipatty Police Station, Salem District.
... Respondent [Cr. No.2 of 2025] PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioner/Accused on bail in Cr. No.2 of 2025 on the file of the respondent police.
For Petitioner : Mr. W. Camyles Gandhi For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate [Criminal side]
ORDER
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Heard the learned counsel on either side.
2. The petitioners stand accused in Cr. No.2 of 2025 for the offences under Section 296(b), 309(4) and 311 of B.N.S. on the file of the respondent police. They were arrested and remanded into judicial custody on 02.01.2025.
3. The petitioners/accused were said to have demanded mamool and when the same was refused, they abused the Staff working in the defacto complainant's bakery, in filthy language and threatened her at knife point and also kicked the defacto complainant and another apart from snatching a sum of Rs.250/- from cash box. The learned Government Advocate (Criminal Side) informs the Court that the petitioners are not having any previous case.
4. Though the allegations made against the petitioners are serious in nature, their continuity of incarceration will not serve any purpose. Therefore, this Court is inclined to grant bail to the petitioners subject to the following conditions:
[a] Accordingly, the petitioners are ordered to be released on bail 2/5
on condition that each of them shall execute a 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 Judicial Magistrate, Omalur and on further conditions that:
[b] the petitioners shall report before the respondent police daily at 10.00 a.m. until further orders;
[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;
[d] the petitioners shall not abscond either during investigation or trial;
[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of 3/5
the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.
17.01.2025 index: Yes/No Internet: Yes/No Speaking/Non Speaking order mjs G.R. SWAMINATHAN J., mjs To 4/5
1.The Judicial Magistrate, Omalur.
2.The Public Prosecutor, Madras High Court, Chennai. 3.The Inspector of Police, Deevattipatty Police Station, Salem District.
4. The Superintendent of Police, Central Prison, Salem. 17.01.2025 5/5