Ayyothi Ravi @ Ravichandran v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Ayyothi Ravi @ Ravichandran
...Petitioner/Accused 5
in Crl.O.P.No.13300 of 2025 Ashwin @ Ashwinkanth
...Petitioners/Accused 6
in Crl.O.P.No.13298 of 2025 Vs.
State rep by The Inspector of Police, Thammampatty Police Station, Salem District.
(Crime No.81 of 2025)
...Respondent in both Crl.O.Ps.
Common Prayer: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.81 of 2025 pending investigation on the file of the respondent police. (In both Crl.O.Ps.) For Petitioners :
Mr.W.Camyles Gandhi For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6
COMMON ORDER These Criminal Original Petitions have been filed by the petitioners, who were arrested and remanded to judicial custody on 06.04.2025, seeking bail in Crime No.81 of 2025 registered for the offence under Section 311 of BNS, 2023 @ 310(2) r/w 311, 332(a) and 111 of BNS, 2023. 2.It is the case of the prosecution that on 29.03.2025 at about 7.40 p.m., the petitioners herein along with the other accused conspired together, trespassed into the house of the defacto complainant, threatened her and her daughter-in-law and under threat of causing a knife injury, taken away 20 sovereigns of gold jewels and cash of Rs.10,000/-. Hence, the case. 3.The learned counsel for the petitioners would submit that the petitioners are innocent; that they have no bad antecedents; and that in any case, considering the period of incarceration since 06.04.2025, the petitioners may be released on bail.
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4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that as on date, cash of Rs.7,000/- and six sovereigns of gold jewels were recovered from the accused and that the petitioners have no bad antecedents.
5.Heard the learned counsel on either side and perused the materials available on record.
6.Considering the nature of allegations, the period of incarceration, the fact petitioners have no bad antecedents and since further custody of the petitioners is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.II, Attur, and on further conditions that:
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[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 respondent police 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 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 ata Page No.4 of 6
Copy to:
1.The Inspector of Police, Thammampatty Police Station, Salem District.
2.The Judicial Magistrate No.II, Attur.
3.The Superintendent of Prison, Central Prison, Salem. 4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
ata 29.04.2025 Page No.6 of 6