← Library
Madras High CourtCRL OP/8935/2025granted

Ganesh @ Lingan v. The State Rep By, The Inspector Of Police

2025-03-26Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Ganesh @ Lingan

...Petitioner/Accused 1

Vs.

State rep by The Inspector of Police, Arambakkam Police Station, Thiruvallur District.

(Crime No.531 of 2024) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.531 of 2024 pending investigation on the file of the respondent police. For Petitioner :

Mr.P.Chandrasekar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

Though the earlier bail petition of the petitioner was dismissed on 20.01.2020 by my learned predecessor, Hon'ble Justice A.D.Jagadish Chandira, this petition is listed before this Court pursuant to the orders passed by the Hon'ble Division Bench of this Court in Crl.O.P.No.31787 of 2024 on 04.03.2025.

2.This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 30.11.2024, seeking bail in Crime No.531 of 2024 registered for the offence under Sections 309(4) and 311 of BNS, 2023.

3.It is the case of the prosecution that the defacto complainant was running a tyre shop at Arumbakkam; that on 28.11.2024, the petitioner along with the other accused had entered into the defacto complainant's shop, closed the shutter, threatened him and robbed cash of Rs.2,000/- and snatched 7 1⁄2 sovereigns of gold jewels at knife point. Hence, the case. 4.The learned counsel for the petitioner would submit that the Page No.2 of 6

allegations are false; that the stolen articles have been recovered; that the petitioner is in custody from 30.11.2024 and hence further custody is not required and sought for bail.

5.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are 39 previous cases pending against the petitioner and he is on bail in all those cases and that the stolen articles have been recovered and final report has been filed. 6.Heard the learned counsel on either side and perused the materials available on record.

7.It is seen that the earlier bail application filed by the petitioner was dismissed by this Court on 20.01.2025 considering the previous cases against the petitioner. It is now reported that the petitioner is in bail in all those previous cases. The final report has also been filed. 8.Considering the period of incarceration, the fact that the stolen Page No.3 of 6

articles have been recovered, the fact that the final report has been filed, the petitioner is on bail in all the previous cases and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions: 9.Accordingly, the petitioner is ordered to be released on bail on their 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 District Munsif cum Judicial Magistrate, Gumudipoondi, 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 Trial Court everyday at 10.30 a.m., until further 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;

Page No.4 of 6

[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.

26.03.2025 ata SUNDER MOHAN, J.

ata Copy to:

1.The Inspector of Police, Page No.5 of 6

Arambakkam Police Station, Thiruvallur District 2.The District Munsif cum Judicial Magistrate, Gumudipoondi. 3.Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

26.03.2025 Page No.6 of 6