Sunil v. State By, The Inspector Of Polce
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sunil
...Petitioner/Accused 1
Vs.
State through The Inspector of Police, Ariyoor Police Station, Vellore District.
(Crime No.04 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.04 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.S.Silambuselvan 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 12.01.2025, seeking bail in Page No.1 of 6
Crime No.04 of 2025 registered for the offence under Sections 296(b), 309(4), 311 of BNS, 2023 r/w Section 25(1A) of Arms Act @ 296(b), 309(4), 311, 49 of BNS, 2023 r/w Section 25(1A) of Arms Act. 2.It is the case of the prosecution that the petitioner along with the other accused had waylaid the defacto complainant, abused him in filthy language, threatened him and robbed Rs.5,500/- 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 co-accused have been granted bail by this Court in Crl.O.P.Nos.4316 & 3087 of 2025 and the petitioner has been in custody from 12.01.2025 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 there are thirteen previous cases pending against the petitioner and sofar Rs.2,300/- has been recovered from the accused.
Page No.2 of 6
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.
6.Considering the period incarceration, the fact that some part of amount has been recovered, co-accused have been granted bail by this Court in Crl.O.P.Nos.4316 & 3087 of 2025 and the petitioner is on bail in all the cases and since further custody of the petitioner is not required for the purpose of interrogation, 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 Judicial Magistrate No.1, Vellore, 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 stay at Chennai and report before the Flower Bazaar Police Station, everyday at 10.30 a.m., until further Page No.3 of 6
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.
25.02.2025 ata Copy to:
1.The Inspector of Police, Ariyoor Police Station, Page No.4 of 6
Vellore District.
2.The Judicial Magistrate No.1, Vellore.
3.The Superintendent of Prison, Central Prison, Vellore.
3.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN, J.
ata Page No.5 of 6
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