Ranjithkumar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.03.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN

1. Ranjithkumar S/o. Gandhi

2. Sureshkumar S/o. Kuppan

3. Chandhiran S/o. Mani .. Petitioners / Accused Vs State rep. by:- The Inspector of Police, Royapettah Police Station, Mylapore, Chennai.

... Respondent [Cr. No.35 of 2025] PRAYER: - Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Cr. No.35 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. E. Duraivaiyapuri For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate [Criminal side]

ORDER

This Criminal Original Petition has been filed by the petitioners, 1/6

who were arrested and remanded to judicial custody on 27.02.2025, seeking bail in Cr. No.35 of 2025 registered for the offences under Sections 189, 190, 61(2) of B.N.S., Section 25(1A) of Arms Act, 1959, Section 5 of Explosive Substances Act, 1908 and Section 9(B)(1)(b) of the Indian Explosives Act, 1884.

2. The case of the prosecution is that based on a secret information, the respondent police found the petitioners along with other accused, accommodated in a suspicious manner and when search was conducted, 5 pieces of petrol bomb bottle, 5 knives, cutting blade and cotton waste thread were found and seized by the respondent police.

3. The learned counsel for the petitioners would contend that the petitioners have nothing to do with the offences as alleged by the prosecution; that they are in judicial custody since 27.02.2025; and that considering the period of incarceration of the petitioners, 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, 2/6

reiterated the prosecution case and on instructions submitted that, the 1st petitioner has 9 previous cases, out of which, 6 cases were disposed of; that the 2nd petitioner has 9 previous cases, out of which, 6 cases were disposed of and that the 3rd petitioner, has 6 previous cases, out of which, 1 case has been disposed of; that all the above cases were registered for minor offences and the petitioners are on bail in those cases .

5. Considering the aforesaid facts, the nature of allegations against the petitioners, period of incarceration, the fact that the petitioners are in bail in other cases 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 XVIII Metropolitan Magistrate, Saidapet, Chennai. 3/6

[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;

[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. 4/6

18.03.2025 mjs To

1. The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, Royapettah Police Station, Mylapore, Chennai.

3. The Superintendent of Police, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. SUNDER MOHAN., J.

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mjs Crl. O.P. No.7945 of 2025 18.03.2025 6/6