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Madras High CourtCRL OP/6667/2025granted

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

2025-03-19Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6667 of 2025 Jeeva, M/A 22 (A1) S/o. Kodish ... Petitioner/Accused Vs.

State represented by The Inspector of Police, R-6, Kumaran Nagar Police Station Chennai (Cr. No.19 / 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail, in connection with the Crime No.19 of 2025, on the file of the respondent Police.

For Petitioner : Mr. R. Kannabiran For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/6

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 23.01.2025, seeking bail in Crime No.19 of 2025 registered for the offences punishable under Sections 112, 143(2), 309(4) of BNS Act (Sections 370, 392 of IPC).

2. This is the second bail application before this Court. The earlier bail application in Crl.O.P. No.3728 of 2025 was dismissed on 14.02.2025 by Hon'ble Mr. Justice G.K. Ilanthiraiyan, and this bail 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.31787/2024 on 04.03.2025.

3. The case of the prosecution is that the petitioner and the defacto complainant were known to each other through an app; that the petitioner along with two others called the defacto complainant to a particular location; that at knife point made the defacto complainant to remove his dresses and took video; that thereafter, threatened the mother of the defacto complainant stating that they would circulate the video in the social media if their demand for money is not met. Hence the case.

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4. The learned counsel for the petitioner submitted that the allegations against the petitioner are false; that the petitioner has no bad antecedents and considering the period of incarceration prayed for bail though his earlier bail application in Crl.O.P. No.3728 of 2025 was dismissed on 14.02.2025.

5. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner along with the other accused, threatened the defacto complainant's mother; that since the defacto complainant's mother fainted, the petitioner and the other accused left the place; that the mobile phone of the petitioner has been seized and that the investigation is at the fag end.

6. Considering the aforesaid facts, the period of incarceration, the fact that the petitioner has no bad antecedents 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 conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his 3/6

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 XXIII Metropolitan Magistrate, Saidapet, 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, daily at 10.30 a.m., for a period of two weeks and thereafter as and when required.

[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 4/6

[(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

19.03.2025 bga To

1. The XXIII Metropolitan Magistrate, Saidapet, Chennai 2.The Inspector of Police, R-6, Kumaran Nagar Police Station Chennai (Cr. No.19 / 2025)

3. The Superintendent, Central Prison-II, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. 5/6

SUNDER MOHAN., J.

bga Crl.O.P.No.6667 of 2025 19.03.2025 6/6