Akash v. The State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Akash ... Petitioner / Accused

Versus

State Rep. By The Inspector of Police, N-2, Kasimedu Police Station, Chennai - 600 013.

(Crime No.61 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail pending investigation in Crime No.61 of 2025 on the file of the respondent Police. For Petitioner : Mr. R.Kamesh.

For Respondent : Mr. A. Gopinath, Government Advocate (Crl. Side).

O R D E R

This Criminal Original Petition has been filed by the petitioner, 1/6

who was arrested and remanded to judicial custody on 25.01.2025, seeking bail in Crime No.61 of 2025 registered for the offence under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 324(4), 125, 309(4), 311, 351(3) of BNS & Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act 1992 which is equivalent to 147, 148, 341, 294(b), 323, 427, 336, 392, 397 & 506(ii) of IPC.

2. The case of the prosecution is that the petitioner along with the other accused waylaid the defacto complainant and robbed a sum of Rs.2,000/- at knife point and also damaged his two wheeler. Hence, the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the co-accused has been released on bail by this Court in Crl.O.P.No.3320 of 2025 dated 10.02.2025 and the petitioner is in custody from 25.01.2025 and since further custody is not required, the petitioner may be released on bail.

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4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and further submitted that there is one previous case pending against the petitioner and in that case, the petitioner is on bail.

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

6. Considering, the fact that the petitioner is on bail in other case; the period of incarceration; and that 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 XVI Metropolitan Magistrate, George Town. 3/6

[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 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. 4/6

13.02.2025 ay To 1.The Public Prosecutor, High Court of Madras, Chennai.

2.The Inspector of Police, N-2, Kasimedu Police Station, Chennai - 600 013.

3. The XVI Metropolitan Magistrate, George Town.

4.The Central Prison - II, Puzhal.

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SUNDER MOHAN. J, ay 13.02.2025 6/6