Veerasekar v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.No .9330 of 2025 1.Veerasekar 2.Vinoth
...Petitioners/Accused 1 & 2
Vs.
State Represented by The Inspector of Police, Needamangalam Police Station, Thiruvarur District.
(Crime No.28 of 2025) ...
Respondent PRAYER: The Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.28 of 2025 on the file of the respondent police.
For Petitioners :
Mr.P.Muthamizhselvakumar For Respondent :
Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 04.02.2025, seeking bail in Crime No.28 of 2025 registered for the offences under Sections 318(2), 318(4) & 336(3) of BNS.
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2.The case of the prosecution is that the defacto complainant was running a pawn broker shop in the name of Lakshmi Bankers; that when he checked the quality of the jewels pledged by the petitioners, he found that the petitioners had pledged the jewels and had forged the hallmark stamp and thus committed the aforesaid offence.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent and that the allegations are false; that in any case, the petitioners are in judicial custody from 04.02.2025 and further custody of the petitioners is not required and hence, they may be released on bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners have no bad antecedents.
5. Considering the nature of allegations, period of incarceration and the petitioners have no bad antecedents and since this Court is of the view that 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.
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6.Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Needamangalam 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 petitioners shall report before the respondent police daily 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 Page No.3 of 5
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.
03.04.2025 rkp Copy to:
1.The Inspector of Police, Needamangalam Police Station, Thiruvarur District.
2.The Superintendent, District Prison, Thiruvaru.
3. The District Munsif cum Judicial Magistrate, Needamangalam.
4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
rkp Crl.O.P.No .9330 of 2025 03.04.2025 Page No.5 of 5