Stalinmuthu v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12355 of 2025 Stalinmuthu ... Petitioner / Accused 8 Vs.

State represented by The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

(Crime No.127 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.127 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.G.Saravanan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner/accused, who was arrested and remanded to judicial custody on 17.03.2025, seeking bail in Crime No.127 of 2025 registered for the 1/6

offences under Sections 126(2), 319(2), 140(3), 309(4) @ 126(2), 319(2), 140(3) and 310(2) of B.N.S, 2023.

2. The case of the prosecution is that the defacto complainant is doing gold business; that he had taken Rs.1,10,00,000/- for purchasing gold; that at that time, the petitioner along with other accused had kidnapped the defacto complainant in a car and robbed a sum of Rs.1,10,00,000/- along with his mobile phone. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent; that the similarly placed co-accused were granted bail by this Court in Crl.O.P.Nos.11388 & 12013 of 2025 on 17.04.2025 and 22.04.2025; that the petitioner is in custody from 06.03.2025; and hence, further custody is not required for the purpose of investigation and sought for bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the out of robbed amount of Rs.1,10,00,000/-, a sum of Rs.99,16,000/- has been recovered and that he also confirmed the fact that the co-accused were granted bail by this Court.

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5. Considering the nature of allegations, period of incarceration, the fact that the major portion of the robbed amount has been recovered, the coaccused were granted bail by this Court in Crl.O.P.Nos.11388 & 12013 of 2025 on 17.04.2025 and 22.04.2025 and since further custody 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 learned Judicial Magistrate, Palladam, Tiruppur District, 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;

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[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 4/6

To

1. The Judicial Magistrate, Palladam, Tiruppur District. 2.The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

ata Crl.O.P.No.12355 of 2025 23.04.2025 6/6