Jayabal v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.01.2025

CORAM

THE HON`BLE MR.JUSTICE G.R. SWAMINATHAN CRL OP.No.1218 of 2025 Jayabal S/o. Rasangam ... Petitioner / Accused-6 Vs State represented by:

The Inspector of Police, Karuveppilankurichi Police Station, Cuddalore District.

... Respondent [Cr. No.314 of 2024] 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.314 of 2024 on the file of the respondent police.

For Petitioner : Mr. M. Selvam For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate [Criminal side]

ORDER

Heard the learned counsel on either side.

2. The petitioner stands accused in Cr. No.314 of 2024 for the 1/5

offences under Section 304(2) of B.N.S. altered into Sections 49, 61(2) and 304(2) of B.N.S. on the file of the respondent police. He was arrested and remanded into judicial custody on 20.12.2024.

3. The case of the prosecution is that the accused have snatched 5 sovereigns of gold. Hence the case.

4. The overt act attributed as against the petitioner/accused is that having fully known the character of the property as stolen, the petitioner/accused had pledged the same and passed on the funds to the co-accused. The co-accused had already been granted bail. The petitioner is not having any previous case.

5. Considering the limited role played by the petitioner and the investigation appears to be substantially over, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on 2/5

condition to 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 No.II, Virudhachalam and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or 3/5

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 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]. [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 4/5

To 1.The Judicial Magistrate No.II, Virudhachalam 2.The Public Prosecutor, Madras High Court, Chennai.

3. The Inspector of Police, Karuveppilankurichi Police Station, Cuddalore District.

4. The Superintendent of Police, Central Prison, Cuddalore. CRL O.P. No.29197 of 2024 10.01.2025 5/5