Sangeethan v. State Rep.By, The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Sangeethan ... Petitioner Vs.

The State represented by, The Inspector of Police, Mangalamedu Police Station, Perambalur District.

(Crime No.501 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.501 of 2024, pending investigation on the file of the respondent Police. For Petitioner : M/s.D.Veerakumar 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 21.12.2024, seeking bail in Crime No.501 of 2024 registered for the offence under Sections 191(2), 115(2), 140(1) and 109 of BNS.

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2. The case of the prosecution is that, due to previous enmity, the accused persons kidnapped the defacto complainant in a car and assaulted him and after two days, the defacto complainant escaped from them. 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 further submitted that, co-accused was granted bail by this Court in Crl.O.P.No.2108 of 2025 that in any case, the petitioner is in custody from 21.12.2024 and that since further custody is not required for the purpose of investigation, he may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and confirmed the fact that the co-accused was granted bail by this Court. He further submitted that, apart from this case, petitioner has one previous case and he is on bail in that case.

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.

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6. Considering the fact that similarly placed accused was granted bail by this Court, 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 District Munsif Cum Judicial Magistrate, Kunnam 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 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; 3/5

[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.

13.02.2025 Sma To

1. District Munsif Cum Judicial Magistrate, Kunnam.

2. The Inspector of Police, Mangalamedu Police Station, Perambalur District.

3. The Superintendent, Central Prison, Trichy.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 13.02.2025 5/5