M.Janarthanan v. The State Of Tamil Nadu Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN M.Janarthanan ... Petitioner Vs.

The State represented by, The Inspector of Police, M-4, Redhills Police Station, Chennai - 600 052.

(Crime No.1586 of 2015).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.1586 of 2015, pending investigation on the file of the respondent Police. For Petitioner : Mr.Charles Kamalesh M.Appaji 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 03.12.2024 seeking bail in S.C.No.406 of 2024 pending trial on the file of the learned IV Additional Sessions Judge, Tiruvallur, in connection with Crime No.1586 of 2015 registered 1/5

for the offences punishable under Sections 147, 148 and 302 of IPC.

2. Learned counsel appearing for the petitioner submitted that the petitioner was already on bail in connection with instant Crime No.1586 of 2015 registered for the offences punishable under Sections 147, 148 and 302 of IPC and he was arrested in another case and was in custody; that summons was issued to him by the committal Court that the petitioner was produced on P.T. warrant and remanded to judicial custody and that in any case, considering the period of incarceration, he may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the above facts and confirms the fact that the petitioner was on bail on this case and no warrant was issued; and that since he was arrested in another case, he was remanded to judicial custody in this case.

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.

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6. Considering, the aforesaid facts; the period of incarceration; and since further custody is not required, 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 IV Additional District and Sessions Judge, Tiruvallur at Ponneri, 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 trial Court on all working day 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 3/5

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.

07.03.2025 Sma To

1. IV Additional District & Sessions Judge, Tiruvallur at Ponneri. 2.The Inspector of Police, M-4, Redhills Police Station, Chennai - 600 052.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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