Joseph Vijay v. The State Represented By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.8122 of 2025 Joseph Vijay, M/30 years S/o. Mohan ... Petitioner/Accused-6 Vs.

State represented by The Inspector of Police, T12 Poonamallee Police Station, Avadi, Chennai.

(Cr. No.208 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail, in connection with the Crime No.208 of 2025, on the file of the respondent Police.

For Petitioner : Ms. S. Nadhiya For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/6

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 28.02.2025, seeking bail in Crime No.208 of 2025 registered for the offences punishable under Sections 126(2), 296(b), 115(2), 125, 118(1), 309(4), 311 and 351(3) of BNS.

2. The case of the prosecution is that the defacto complainant was waylaid by the petitioner with the other accused and, at a knife point, robbed Rs.10,000/- from the defacto complainant. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that the FIR states the involvement of only four persons in the robbery and that the petitioner has been impleaded as A6 on the confession of the other co-accused. He further submitted that, in any case, the petitioner is in custody from 28.02.2025 and that since further custody of the petitioner is not required for the purpose of investigation, he may be released on bail.

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4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and submitted that though in the FIR names of the four accused were mentioned as involving in the robbery, the other accused were standing nearby and the petitioner was impleaded on the confession of the other coaccused. He would further submit that there are five previous cases against the petitioner including the one under NDPS Act for the possession of small quantity of contraband.

5. Considering the nature of allegations, the period of incarceration and that 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, Poonamallee, 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;

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[b] the petitioner shall report before the respondent Police, daily 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 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.

19.03.2025 bga 4/6

To

1. The Judicial Magistrate II, Poonamallee

2. The Inspector of Police, T12 Poonamallee Police Station, Avadi, Chennai.

(Cr. No.208 of 2025)

3. The Superintendent, Central Prison II, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. 5/6

SUNDER MOHAN., J.

bga Crl.O.P.No.8122 of 2025 19.03.2025 6/6