Selvendran v. The State Rep By 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.1257 of 2025 Selvendran ...
Petitioner Vs State rep. by:- The Inspector of Police, Dhally Police Station Tiruppur ...
Respondent [Cr. No.224 of 2024] PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., praying to grant bail to the petitioner/Accused in Cr. No.224 of 2024 on the file of the respondent police.
For Petitioner :
Mr. R.Thamarai Selvan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal side)
ORDER
Heard both sides. The petitioner stands accused in Crime No.224 of 2024 on the file of the respondent police for the alleged offences under Section 103(1) of BNS 2023. He was arrested and remanded to judicial custody on 29.10.2024.
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2. The petitioner is said to have attacked the deceased with a kitchen knife. It is not in dispute that investigation is over and final report has already been filed, though it is yet to be taken on file. The petitioner is not having any previous cases.
3. Considering the fact that the investigation is 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 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 learned Judicial Magistrate No.2 at Udumalpet 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 2/4
dissuade him 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 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 absconds, a fresh FIR can be registered under Section 269 of BNS.
17.01.2025 Index: Yes/No Internet: Yes/No Speaking/Non Speaking order KST To 1.The Judicial Magistrate No.II, Udumalpet.
2.The Public Prosecutor, Madras High Court, Chennai.
3. The Inspector of Police, Dhally Police Station, Tiruppur
4. The Superintendent of Police, Central Prison, Coimbatore. 3/4
G.R.SWAMINATHAN, J.
KST 17.01.2025 4/4