K.Jayaram v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.03.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN K. Jayaram S/o. Kandhasamy .. Petitioner / Accused No.5 Vs State rep. by:- The Inspector of Police, Tiruppur Central Police Station, Tiruppur City.

... Respondent [Cr. No.155 of 2025 ] PRAYER: - Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.155 of 2025, pending investigation on the file of the respondent Police.

For Petitioner : Mr. J. Franklin For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate [Criminal side]

ORDER

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This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 24.02.2025, seeking bail in Crime No.155 of 2025 registered for the offences under Sections 310(4) and 310(5) of B.N.S.

2. The case of the prosecution is that the petitioner along with other co-accused, alleged to have armed with iron rod and wooden log, were found under preparation to commit dacoity.

3. The learned counsel for the petitioner would contend that the petitioner has nothing to do with the offences as alleged by the prosecution; and that considering the period of incarceration of the petitioner, prayed that the petitioner may be granted bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and on instructions submitted that, the petitioner has two previous cases, in which, he is on bail.

5. Considering the aforesaid facts, the nature of allegations against 2/5

the petitioner, period of incarceration, the fact that the petitioner is in bail in other cases 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.

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 learned Judicial Magistrate-II, Tiruppur. [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;

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[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. 17.03.2025 mjs To

1. The Judicial Magistrate-II, Tiruppur.

2.The Inspector of Police, Tiruppur Central Police Station, Tiruppur City.

3. The Superintendent of Police, Central Prison, Coimbatore.

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

SUNDER MOHAN., J.

mjs Crl. O.P. No.7595 of 2025 17.03.2025 5/5