Dineshkumar v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN 1.Dineshkumar 2.Yasotha
3. Malar ... Petitioners Vs.
The State represented by, The Inspector of Police, Sooramangalam Police Station, Salem.
(Crime No.72 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.72 of 2025, pending investigation on the file of the respondent Police. For Petitioners : Mr.G.R.Easwar For Respondent : Mr.Leonard Arul Joseph Selvam 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 28.01.2025, seeking bail in Crime No.72 of 2025 registered for the offence under Sections 178, 179 and Section 180 of BNS, 2023.
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2. The case of the prosecution is that the 1st petitioner had purchased vegetables in the market and had given fake currency notes and that based on the complaint of the vegetable vendor, a case was registered.
3. Learned counsel appearing for the petitioners submitted that, 1st petitioner is an MBA graduate and false case has been foisted against him as if he had circulated fake currency notes and further submitted that the 2nd & 3rd petitioners are family members of the 1st petitioner and they have nothing to do with the offence. He further submitted that the petitioners are in custody from 28.01.2025 and since further custody is not required, the petitioners may be released on bail.
4. Learned Government Advocate (Crl.Side) submitted that the 1st petitioner had taken colour xerox of the currency notes. He further submitted that, apart from this case, petitioners have no 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.
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6. Considering, the nature of allegations; no previous case against the petitioners; 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 petitioners with certain conditions.
7. Accordingly, the petitioners are 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, Salem.
[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 1st petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders and the 2nd & 3rd petitioners shall report before the respondent police as and when required for interrogation;
[c] the petitioners shall not abscond either during investigation or trial;
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[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 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.
17.02.2025 Sma To
1. Judicial Magistrate, Salem.
2. The Inspector of Police, Sooramangalam Police Station, Salem.
3. The Superintendent, Central Prison, Salem.
4. The Public Prosecutor, High Court of Madras.
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SUNDER MOHAN., J.
Sma 17.02.2025 5/5