Bullet @ Suresh v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Bullet @ Suresh

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, Arni Town Police Station, Tiruvannamalai District.

(Crime No.1037 of 2016)

...Respondent

PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.1037 of 2016 pending investigation on the file of the respondent police. For Petitioners :

Mr.S.Silambuselvan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 23.01.2025 pursuant to the NBW issued on 04.08.2021, seeking bail in Crime No.1037 of 2016 registered for the offence under Sections 294(b), 427, 336, 506(ii), 392 and 397 of IPC.

2.The learned counsel for the petitioner would submit that due to health issues, the petitioner was not able to appear before the Trial Court and hence NBW issued on 04.08.2021 and he surrendered on 23.01.2025; and that in any case, considering the period of incarceration, further custody of the petitioner is not required and sought for bail. 3.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for the grant of bail. 4.Considering the aforesaid facts, the nature of allegations, period of incarceration, the fact that the petitioner was earlier granted bail by the Trial Court, this Court is of the view that further custody of the petitioner is not Page No.2 of 6

required. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

5.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, Arni, 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 Trial Court 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 and the petitioner released on bail by the learned Magistrate/Trial Court Page No.3 of 6

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.

02.04.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, Arni Town Police Station, Tiruvannamalai District.

2.The Judicial Magistrate, Arni.

3.Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 02.04.2025 Page No.6 of 6