Budhan Mahto v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN

1. Budhan Mahto

2. Rajkumar Noniya ... Petitioners Vs.

The State represented by, The Inspector of Police, Tiruppur South Police Station.

(Crime No.132 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.132 of 2025, pending investigation on the file of the respondent Police. For Petitioners : Mr.D.Prasanna Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 19.01.2025, seeking bail in Crime No.132 of 2025 registered for the offence under Section 303(2) of BNS. 1/5

2. The case of the prosecution is that the petitioners committed theft of the defacto complainant's mobile phone. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are in custody from 19.01.2025 and since further custody is not required, the petitioners may be released on bail.

4. Learned Government Advocate (Crl.Side) submitted that the stolen mobile has been recovered. He further submitted that the first petitioner has three previous cases and the second petitioner has two previous cases.

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

6. Considering the fact that the stolen property has been recovered; petitioners are on bail in other cases; period of incarceration; and that since 2/5

further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are 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 learned Judicial Magistrate No.2, Tiruppur.

[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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the 3/5

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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

13.02.2025 Sma To

1. Judicial Magistrate No.2, Tiruppur.

2. The Inspector of Police, Tiruppur South Police Station.

3. The Superintendent, Central Prison, Tiruppur.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 13.02.2025 5/5