Purushothaman v. The State Rpe By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN 1.Purushothaman 2.Veera

...Petitioners/Accused 2&3

Vs.

State through The Inspector of Police, E-4, Abiramapuram Police Station, Chennai.

(Crime No.25 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.25 of 2025 pending investigation on the file of the respondent police. For Petitioners :

Mr.P.Surendran For Respondent :

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

ORDER

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 28.01.2025, seeking bail Page No.1 of 6

in Crime No.25 of 2025 registered for the offence under Sections 296(b), 126(2), 115(2), 125, 309(4) r/w 311, 351(3) & 191(3) of BNS. 2.It is the case of the prosecution that the petitioners along with the other accused came to the defacto complainant's bakery; that they had cakes and refused to pay money and when the defacto complainant demanded the money, the accused abused the defacto complainant in filthy language and assaulted and snatched Rs.2000/- at knife point and caused damages to the bakery shop. Hence, the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and that the petitioners have been in custody from 28.01.2025 and hence, further custody of the petitioners is not required. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the first petitioner is having three previous cases and the second petitioner has four previous cases. Page No.2 of 6

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.

6.Considering the nature of allegations, period of incarceration and the fact that the petitioners are on bail in all the cases and since further custody of the petitioners is not required for the purpose of interrogation, 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 their executing separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the XXIII Metropolitan Magistrate, Saidapet, 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders; Page No.3 of 6

[c] the petitioners shall not abscond either during investigation or trial;

[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.

24.02.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, E-4, Abiramapuram Police Station, Chennai.

2.The XXIII Metropolitan Magistrate, Saidapet. 3.Central Prison - II, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 24.02.2025 Page No.6 of 6