Praveen Kumar v. The State Rep, By. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Praveen Kumar
...Petitioner/Accused 2
Vs.
State rep by The Inspector of Police, Tiruppur South Police Station, Tiruppur.
(Crime No.42 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.42 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.P.Thinesh For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
Though the earlier bail petition of the petitioner was dismissed on 30.01.2025 by my learned predecessor, Hon'ble Justice A.D.Jagadish Page No.1 of 6
Chandira, this petition is listed before this Court pursuant to the orders passed by the Hon'ble Division Bench of this Court in Crl.O.P.No.31787 of 2024 on 04.03.2025.
2.This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 06.01.2025, seeking bail in Crime No.42 of 2025 registered for the offence under Section 310(2) of BNS, 2023.
3.It is the case of the prosecution that the petitioner along with the other accused had committed theft of 7 1⁄4 sovereigns of gold chain from the house of the defacto complainant. Hence, the case. 4.The learned counsel for the petitioner would submit that the allegations are false and the stolen article was recovered and in any case, considering the period of incarceration suffered by the petitioner, he may be released on bail.
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5.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are six previous cases pending against the petitioner and he is on bail in all the cases and the stolen article was recovered.
6.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.
7.Considering the period of incarceration and the fact that the petitioner is on bail in all the previous cases and the stolen article was recovered 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 stringent conditions:
8.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 Judicial Magistrate No.2, Tiruppur, and on further conditions that: Page No.3 of 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 stay at Trichy and report before the Cantonment Police Station, 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.
05.03.2025 ata Page No.4 of 6
Copy to:
1.The Inspector of Police, Tiruppur South Police Station, Tiruppur.
2.The Judicial Magistrate No.2, Tiruppur.
3.The Superintendent of Prison, Central Prison, Tiruppur.
4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
ata 05.03.2025 Page No.6 of 6