Ashraf v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Ashraf ... petitioner / Accused

Versus

State Rep. By The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

(Crime No.44 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.44 of 2025 on the file of the respondent Police. For petitioner : Mr. E. Sathiyaraj.

For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate (Crl. Side).

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O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 09.02.2025, seeking bail in Crime No.44 of 2025 registered for the offence under Section 126(2) of BNS, Section 7(1)(a) of Criminal Law Amendment Act 2005 and Section 25(1)(A) of the Arms Act, 1959.

2. The case of the prosecution is that the petitioner along with the co-accused were found to be in possession of Koduval and disturbed the traffic and general public. Hence, the case.

3. Learned counsel for the petitioner submitted that the petitioner have been falsely implicated in this case. He further submitted that the petitioner is in custody from 09.02.2025 and since further custody is not required, the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and further submitted that there are seven previous cases pending against the petitioner and in those cases, the petitioner is on bail. 2/6

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 nature of allegations; the fact that the petitioner is on bail in other cases; the period of incarceration; and 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 are ordered to be released on bail on their 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-I, Tiruvannamalai. [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;

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[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. 20.02.2025 ay To 1.The Public Prosecutor, High Court of Madras, Chennai.

2.The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

3. The Judicial Magistrate-I, Tiruvannamalai.

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4.The Sub-Jail, Tiruvannamalai.

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SUNDER MOHAN. J, ay 20.02.2025 6/6