D.Jayaprakash v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.13566 of 2025

1. D. Jayaprakash S/o. Dhanapal

2. R. Sujith Kumar S/o. Raj ... Petitioners / Accused Vs.

The State represented by:

The Inspector of Police, K2 Ayanavaram Police Station, Chennai - 600 023.

(Crime No.153 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.153 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. J. Anand 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 petitioners/accused, who were arrested and remanded to judicial custody on 13.04.2025, seeking bail in Crime No.153 of 2025 registered for the offences under Sections 191(2), 126(2), 296(b), 115(2), 311, 125 and 351(3) of B.N.S. 1/5

2. The case of the prosecution is that the petitioners refused to pay money for the food consumed by him; that when the same was questioned by the defacto complainant, the petitioner waylaid the defacto complainant, abused him in filthy language, assaulted him and robbed Rs.950/- from the defacto complainant. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the allegations against the petitioners are false; that he has been falsely implicated in this case; that the petitioners are in custody from 13.04.2025; and that further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the 1st petitioner has 5 other previous cases and the 2nd petitioner has 2 previous cases, in which, they are on bail.

5. Considering the aforesaid facts, nature of allegations, period of incarceration, the petitioners are on bail in other previous cases and that since further custody is not required for the purpose of investigation, this Court is 2/5

inclined to grant bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are 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 V Metropolitan Magistrate, Egmore, Chennai 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 trial Court concerned, everyday 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 himself as laid down 3/5

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.

29.04.2025 mjs To

1. The V Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, K2 Ayanavaram Police Station, Chennai - 600 023.

3. The Superintendent of Police, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

mjs Crl.O.P.No.13566 of 2025 29 .04.2025 5/5