M.Yokesh v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN M.Yokesh ... Petitioner Vs.

The State represented by, The Inspector of Police, Avadi Tank Factory Police Station, Avadi City Police.

(Crime No.12 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.12 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 05.01.2025, seeking bail in Crime No.12 of 2025 registered for the offence under Section 103(2) of BNS. 1/6

2. The case of the prosecution is that, due to previous enmity, petitioner along with other accused attacked the defacto complainant using knife, due to which, defacto complainant sustained grievous injuries and died on the spot. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in custody from 05.01.2025 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that, due to previous enmity, petitioner along with other accused attacked the defacto complainant using knife, due to which, defacto complainant sustained grievous injuries and died on the spot. He further submitted that there is no previous case against the petitioner.

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5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering, the nature of overt act against the petitioner, period of incarceration, there is no previous case against the petitioner and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

7. 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 only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur, 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 report before the respondent Police, everyday at 10.30 a.m., until further 3/6

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 B.N.S.

03.02.2025 Sma To

1. The Judicial Magistrate, Ambattur.

2. The Inspector of Police, Avadi Tank Factory Police Station, Avadi City Police.

3. The Superintendent, Central Prison -II, Puzhal 4/6

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 03.02.2025 6/6