R.Prem Kumar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN R.Prem Kumar

...Petitioner/Accused

Vs.

State through The Inspector of Police, K-9, Thiru Vi Ka Nagar Police Station, Chennai District.

(Crime No.646 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.646 of 2024 pending investigation on the file of the respondent police. For Petitioner :

Mr.D.Arumugam For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 22.12.2024, seeking bail Page No.1 of 5

in Crime No.646 of 2024 registered for the offence under Sections 296(b), 329(3), 311 and 351(3) of BNS.

2.It is the case of the prosecution that on 30.01.2025, the petitioner had attacked the defacto complainant with hands and snatched Rs.1000 at knife point. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and that the petitioner has been in custody from 22.12.2024 and hence, further custody of the petitioner is not required.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the amount has not been recovered and that there are 26 previous cases registered against the petitioner, out of which 12 cases have ended in acquittal and other cases similar in nature are pending.

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 period of incarceration and that the petitioner is on bail in other 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.

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 V Metropolitan Magistrate, Egmore, 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;

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[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.

18.02.2025 ata Copy to:

1.The Inspector of Police, K-9, Thiru Vi Ka Nagar Police Station, Chennai District.

2.The V Metropolitan Magistrate, Egmore.

3.The Superintendent of Prison, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

ata 18.02.2025 Page No.5 of 5