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Madras High CourtCRL OP/13904/2025granted

Mohanraj v. State, Rep.By The Inspector Of Police

2025-05-08Honourable Mrs Justice L.Victoria Gowri7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Mohanraj ... Petitioner(s) /Accused Vs.

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

... Respondent(s)/ Complainant Crime No.229 of 2024 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail pending trial of the case in S.C.No.217 of 2024, on the file of the learned II Additional District & Sessions Judge, Tiruppur. For petitioner(s) : Mr.M.Vijaya Ragavan For Respondent(s) : M/s.J.R.Archana Government Advocate (Crl.Side) Page No.1 of 7

O R D E R

The petitioner seeks bail in S.C.No.217 of 2024 on the file of II Additional District & Sessions Judge, Tiruppur, for the offence punishable under Sections 397, 34 and 394 of IPC.

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C.No.217 of 2024 on the file of the learned II Additional District & Sessions Judge, Tiruppur. He further submitted that since the petitioner met with an accident, he was unable to appear before the trial Court, and he was issued with the non-bailable warrant on 27.11.2024 and pursuant to the same, he was arrested on 24.03.2025. He also submitted that the petitioner will undertake that hereafter he will regularly appear before the trial court on all hearing dates and also stated that he is prepared to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the Page No.2 of 7

prosecution case.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

5. Considering that the period of incarceration undergone by him and also considering the undertaking given by the petitioner that he is ready to cooperate for speedy disposal of the trial, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned II Additional District & Sessions Judge, Tiruppur, 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 Page No.3 of 7

or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation;

[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.

08.05.2025 Index : Yes/No Page No.4 of 7

Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa Note:

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this court will be watermarked and will also have a QR code.

To

1. The Inspector of Police, Palladam Police Station, Tiruppur District.

2. The Public Prosecutor, Madras High Court, Chennai.

3. II Additional District & Sessions Judge, Tiruppur,

4. The Superintendent of Prison, Central Prison, Coimbatore.

Page No.5 of 7

L.VICTORIA GOWRI, J.

skr/dpa Page No.6 of 7

08.05.2025 Page No.7 of 7