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Madras High CourtCRL OP/7671/2025granted

Thanraj @ Manikandan v. The Stater Rep.By, The Inspector Of Police,

2025-03-17Honourable Mr.Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.03.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN

1. Thanraj@ Manikandan

2. Akash S/o. Amulraj

3. Mano @ Manokaran .. Petitioners / Accused No.1 to 3 Vs State rep. by:- The Inspector of Police, E3 Minjur Police Station, Minjur - 601 203.

... Respondent [Cr. No.135 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.135 of 2025, pending investigation on the file of the respondent Police.

For Petitioner : Mr. D. Sam Nandha Kumar 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 petitioners, who were arrested and remanded to judicial custody on 26.02.2025, seeking bail in Crime No.135 of 2025 registered for the offences under Sections 310(4) of B.N.S.

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

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

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and on instructions submitted that, the petitioner have no bad antecedents.

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

the petitioners, period of incarceration, the fact that the petitioners have no bad antecedents and since further custody of the petitioners is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on their 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-I, Ponneri. [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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

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[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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-I, Ponneri.

2.The Inspector of Police, E3 Minjur Police Station, Minjur - 601 203.

3. The Superintendent of Police, Central Prison-II, Puzhal.

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

SUNDER MOHAN., J.

mjs Crl. O.P. No.7671 of 2025 17.03.2025 5/5