S.Kamalkumar v. Station Housing Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.05.2025
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI S.Kamalkumar ... Petitioner Vs.
State Rep. by, The Station House Officer, Ramanatham Police Station, Cuddalore District.
(Crime No.79 of 2025).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in Crime No.79 of 2025, pending investigation on the file of the respondent Police. For Petitioner :
Mr.S.Rajendran For Respondent :
Ms.J.R.Archana Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.79 of 2025 registered for the alleged offences punishable under Sections 296(b), 178, 179, 180, 181, 182(2), 205 of BNS r/w 25(1-A) of Arms Act, 1959, is on board for consideration.
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2. The case of the prosecution is that on 31.03.2025 at about 5.00 a.m, the respondents received an information that the accused in Crime No.52 of 2025 were found in the farmland belonging to A1; that based on the said information; the respondents went to the scene of occurrence and found the petitioner along with other accused in possession of Air Gun, Pistal, Walky Talky, Sickles, Laptops, one Xerox machines, RBI sea and cash of Rs.85,000/- along with the imitated Tamil Nadu Police Uniforms. Hence, the case.
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 also submitted that the petitioner is in no way connected with the alleged offence; that the co-accused/A4, A6 and A7 have been released on bail and that he is suffering incarceration from 07.04.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the 2/6
prosecution case and submitted that the petitioner was arrested on 07.04.2025; that the materials have been seized and the co-accused have been arrested and released on bail.
5. Heard both sides and perused the materials available on record.
6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the coaccused were granted bail and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
7. 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 Judicial Magistrate, Tittagudi, 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 3/6
Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for further 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 of B.N.S.
09.05.2025 drl 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 the official website of this Court will be watermarked and will also have a QR code.
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To
1. The Judicial Magistrate, Tittagudi.
2. The Station House Officer, Ramanathapuram Police Station, Cuddalore District.
3. The Superintendent, Sub Jail, Cuddalore.
4. The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI, J.
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