Prem Kumkar v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Premkumar S/o. Perumal ... Petitioner Vs.
The State represented by:
The Inspector of Police, G-2 Periamet Police Station, Chennai.
(Crime No.30 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.30 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.A. Vinoth Kumar 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 petitioner, who was arrested and remanded to judicial custody on 27.01.2025, seeking bail in Crime 1/5
No.30 of 2025 registered for the offence under Sections 331(4), 305 read with 62 of BNS.
2. The case of the prosecution is that the petitioner, thinking that it is a ATM machine, broke open the Cheque Kiosk Machine and took away cheques.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the petitioner has not involved in the offences as alleged by the prosecution; and that he was granted bail in all other previous cases. He further submitted that the petitioner is in custody from 27.01.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that, apart from this case, petitioner has 2 previous cases, in which, he is on bail.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the 2/5
materials available on record.
6. Considering the nature of allegations, period of incarceration, that the petitioner is on bail in all other previous cases 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 II Metropolitan Magistrate, Egmore, Chennai 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; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate 3/5
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.
21.02.2025 mjs To
1. The II Metropolitan Magistrate, Egmore, Chennai.
2. The Inspector of Police, G-2 Periamet Police Station, Chennai.
3. The Superintendent, Central Prison-II, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
4/5
SUNDER MOHAN., J.
mjs 21.02.2025 5/5