Uthayagopalaraja @ Subash v. The State Rep.By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.O.P.No.13930 of 2025 Uthayagopalaraja @ Subash ... Petitioner
Versus
The State Rep by its The Inspector of Police, Tiruchengode Rural Police Station, Namakkal.
(Crime No. 75 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.75 of 2025, pending investigation on the file of the respondent Police. For Petitioner :
Mr.P.Thinesh For Respondent :
M/s.J.R.Archana Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 14.03.2025, seeking bail in Crime 1/6
No.75 of 2025 registered for the offence under Sections 331(3), 331(4), 305(a) of BNS altered to Section 331(3), 305(a) of BNS. 2.
The case of the prosecution is that, the petitioner robbed 81⁄2 sovereign of Gold Jewels from the defacto complainant's house. Hence, the complaint.
3.
Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is a law abiding citizen and ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.
4.
Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the accused was found to be allegedly involved in robbing of 81⁄2 sovereigns of gold jewels from the defacto complainant's house. 2/6
5. Heard both sides and perused the materials available on record including the First Information Report.
6.
Considering the nature of allegations, the period of incarceration undergone by the petitioner, and all others aspects, I am inclined to grant bail to the petitioner, subject to certain conditions. 7.
Accordingly, the petitioner is ordered to be released on bail on executing separate 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 Judicial Magistrate, Tiruchengode, 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., for a period of 30 days 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 3/6
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 dpa/skr 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. 4/6
To 1.The Inspector of Police, Tiruchengode Rural Police Station, Namakkal.
2.The learned Judicial Magistrate, Tiruchengode. 3.The Superintendent of Prison, Central Prison, Namakkal.
4.The Public Prosecutor, High Court, Madras.
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L.VICTORIA GOWRI, J.
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