Jerman Rakesh v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Jerman Rakesh

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, Kovilpalayam Police Station, Coimbatore.

(Crime No.482 of 2024) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.482 of 2024 pending investigation on the file of the respondent police. For Petitioner :

Mr.D.Padmanabhan 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 24.03.2025, seeking bail Page No.1 of 6

in Crime No.482 of 2024 registered for the offence under Sections 309(6), 311 of BNS.

2.It is the case of the prosecution that on 25.09.2024 at about 2.00 p.m., when the defacto complainant and his friend were travelling in a twowheeler, the petitioner along with the other accused waylaid the defacto complainant, threatened him by showing knife, assaulted him and robbed Rs.1,150/- and his mobile phone. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent; and that the petitioner is in custody from 24.03.2025 and hence, further custody of the petitioner is not required and sought for bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the cell phone has been recovered and that there are nine previous cases pending against the petitioner and he is on bail in those cases.

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

6.Considering the nature of allegations, period of incarceration, the fact that the petitioner is on bail in the previous cases 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 Judicial Magistrate, Annur, 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; Page No.3 of 6

[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 FIR can be registered under Section 269 B.N.S.

23.04.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, Kovilpalayam Police Station, Coimbatore.

2.The Judicial Magistrate, Annur.

3.District Prison, Gopichettypalayam.

4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

ata 23.04.2025 Page No.6 of 6