Johnson v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.04.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Johnson S/o. Robert ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, Virudampet Police Station, Vellore.
... Respondent [Cr. No.37 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.37 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.M.R. Thangavel For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate [Criminal side]
ORDER
This Criminal Original Petition has been filed by the 1/6
petitioner/accused, who was arrested and remanded to judicial custody on 14.03.2025, seeking bail in Cr. No.37 of 2025 registered for the offences under Section 118(1) of B.N.S. altered to Sections 118(2) and 238 of B.N.S and Sections 25(1A) and 27(1) of Arms Act.
2. The case of the prosecution is that the victim and A1 are known each other; that while handling Pistol, A1 has accidentally trigged the gun, due to which, the victim sustained grievous injury on his right shoulder. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that he has nothing to do with the alleged occurrence; that the injured was discharged from the hospital; that in any case, further custody of the petitioner is not required for the purpose of investigation; and that considering the period of incarceration of the petitioner, he may be released on bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that it 2/6
was an accidental fire and confirmed that the injured was discharged from the hospital.
5. Considering the nature of allegations, the period of incarceration, the fact that it was an accidental fire and the injured was discharged from the hospital, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, 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 No.III, Vellore and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the 3/6
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 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 4/6
FIR can be registered under Section 269 B.N.S. 22.04.2025 mjs To
1. The Judicial Magistrate No.III, Vellore .
2The Inspector of Police, Virudampet Police Station, Vellore.
3. The Superintendent of Police, Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras.
SUNDER MOHAN. J., 5/6
mjs 22.04.2025 6/6