Naveen Kumar v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.7004 of 2025 Naveen Kumar .. Petitioner Vs.

The State rep by The Inspector of Police, F-1 Chintadaripet Police Station.

(Crime No.168 of 2023) .. Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in C.C.No.7135 of 2023 in Crime No.168 of 2023 pending trial before the XIV Metropolitan Magistrate Court, Egmore.

For Petitioner : M/s.M.Muthuraja For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate(Crl.Side)

ORDER

The petitioner, who is facing trial for the offence under Section 420, 380 r/w 34 IPC on the file of the XIV Metropolitan Magistrate Court, Page No.1 of 6

Egmore, did not appear before the Trial Court and a Non-Bailable Warrant has been issued on 02.12.2024 and thereafter, the same was executed on 27.01.2025 and remanded to judicial custody and hence, seeks bail. 2.

It is the case of the prosecution that the petitioner receiveda sum of Rs.6,000/- from the defacto complainant on the promise of securing a Government Job.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case; that in any case, considering the period of incarceration, he may be released on bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that due to the non appearance of the petitioner before the Trial Court, NBW was issued on 02.12.2024 and the same has been executed on 27.01.2025 and that there are two previous cases pending against the petitioner and he is on bail in those cases. Page No.2 of 6

5. Considering the aforesaid facts and the period of incarceration, this Court is of the view that further custody of the petitioner is not required. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

6.

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 XIV Metropolitan Magistrate Court, Egmore, 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 action against the petitioner in accordance with law as if the conditions have been imposed Page No.3 of 6

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.

14.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6

To 1.The Inspector of Police, F-1 Chintadaripet Police Station.

2.The XIV Metropolitan Magistrate Court, Egmore 3.The Superintendent of Prison, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN , J.

dpa Crl.O.P.No.7004 of 2025 14.03.2025 Page No.6 of 6