M.Tharun v. State Rep By, The 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.8104 of 2025 M. Tharun, S/o. Mari aged about 21 years ... Petitioner/Accused-2 Vs.

State represented by The Inspector of Police, Minjur E-3 Police Station, Thiruvallur District.

(Crime No. 135 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.135 of 2025, on the file of the respondent Police.

For Petitioner : Mr. S.R. Gulshan Kumar 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 23.02.2025, seeking bail in Crime No.135 of 2025 registered for the offences punishable under Section 310(4) of BNS Act (Section 399 of IPC)

2. The case of the prosecution is that the petitioner along with the other accused attempted to commit dacoity. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and that he has been falsely implicated in this case. He further submitted that, in any case, the petitioner is in custody from 23.02.2025 and that since further custody of the petitioner is not required for the purpose of investigation, he may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and submitted that there are no previous cases against the petitioner. 2/6

5. Considering the fact that there is no previous case against the petitioner 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 I, Ponneri, 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 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; 3/6

[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 I, Ponneri

2. The Inspector of Police, Minjur E-3 Police Station, Thiruvallur District.

(Crime No. 135 of 2025)

3. The Superintendent, Central Prison II, Puzhal.

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

SUNDER MOHAN., J.

bga Crl.O.P.No.8104 of 2025 19.03.2025 6/6