Akash Kumar v. State Rep.By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Akash Kumar

...Petitioner/Accused 1

Vs.

State rep by The Inspector of Police, E-3, Teynampet Police Station, Chennai District.

(Crime No.47 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.47 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.P.Chandrasekar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 15.03.2025, seeking bail Page No.1 of 6

in Crime No.47 of 2025 registered for the offence under Sections 296(b), 75(2), 305, 351(2) of BNS, 2023.

2.It is the case of the prosecution that the petitioner and the defacto complainant's wife had an illicit relationship; that the petitioner had taken obscene videos of her and threatened her that he will upload the said videos in social media and received Rs.1 lakh; that thereafter, the petitioner went to the defacto complainant's house and taken away 7 1⁄2 sovereigns of gold jewels and cash of Rs.1 lakh and one cell phone. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent; that he has no bad antecedents; and that the petitioner is in custody from 15.03.2025 and hence, further custody of the petitioner is not required.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that as on date, four sovereigns of gold jewels and one cell phone was recovered from the petitioner and that he has no bad antecedents.

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5.Heard the learned counsel on either side and perused the materials available on record.

6.Considering the aforesaid facts, the period of incarceration, the fact that the petitioner has no bad antecedents and 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. 7.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 XVIII Metropolitan Magistrate, Saidapet, 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; Page No.3 of 6

[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.

09.04.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, E-3, Teynampet Police Station, Chennai District.

2.The XVIII Metropolitan Magistrate, Saidapet. 3.The Superintendent of Prison, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

ata 09.04.2025 Page No.6 of 6