Saravana Kumar v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.8559 of 2025 Saravana Kumar .. Petitioner Vs.
The State rep by The Inspector of Police, Thiru.Vi.Ka.Nagar Police Station, Chennai.
(Crime No.67 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.67 of 2025, pending investigation on the file of the respondent Police. For Petitioner : M/s.P.Chandrasekar For Respondent : Ms.J.R.Archana Government Advocate(Crl.Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 17.02.2025, seeking bail in Crime No.67 of 2025 registered for the offence under Sections 316(2), 318(2) BNS Act.
Page No.1 of 6
2.
The case of the prosecution is that petitioner is running a Jewellery shop; that the defacto complainant had given 45 sovereigns of old Gold jewellery to the petitioner in order to purchase new Gold jewellery; that the petitioner neither provided any new jewellery nor returned the old jewellery.
3.
The Learned counsel appearing for the petitioner submitted that the allegations are false; that the alleged transaction took place in the year 2017 and 2020; that the petitioner was in custody from 17.02.2025 and that in any case, further custody of the petitioner is not required and hence, he may released on bail.
4.
Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and on instructions submitted that the petitioner has no bad antecedents. 5.
Considering the nature of allegations, period of incarceration, the fact that the alleged transactions took place between the years 2017 and 2020, the petitioner has no bad antecedents and since further custody of the Page No.2 of 6
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 V Metropolitan Magistrate, Egmore, 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, everyday 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 Page No.3 of 6
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.
26.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6
To 1.The Inspector of Police, Thiru.Vi.Ka.Nagar Police Station, Chennai.
2.The V Metropolitan Magistrate, Egmore.
3.The Superintendent of Prison, Central Prison, Puzhal.
4.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN , J.
dpa Page No.5 of 6
Crl.O.P.No.8559 of 2025 26.03.2025 Page No.6 of 6