Perinbanathan v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR
1. PERINBANATHAN S/o Sathiyaseelan No.4, Vivekandandar Street, M.G.Nagar-II, Urapakkam Petitioner(s) Vs
1. State Rep by the Inspector of Police Guduvancherry Police Station Tambaram (Crime No 89 of 2025) Respondent(s) PRAYER This Criminal Original Petition is filed to enlarge the petitioner on bail in Crime No.89 of 2025 on the file of the respondent police. For Petitioner(s):
Mr.R.Dinesh Kumar For Respondent(s):
Public Prosecutor 1/8
ORDER
Petition seeking bail in respect of Crime No.89 of 2025 registered for the alleged offences punishable under Sections 329 (4), 309(4), 351(3) of BNS (447, 394, 506 of IPC), is on board for consideration. 2.
The case of the prosecution is that on March 25, 2025, at around 01.15 pm., the petitioner visited defacto complainant's shop and robbed a Mangalsutra weighing 9 sovereigns of gold from the defacto complainant at knife point and fled. Hence, the case.
3.
The learned counsel appearing for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution; that the petitioner has been arrested and remanded to judicial custody on 25.03.2025. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and ready to co-operate for the investigation and 2/8
prayed for bail to the petitioner.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner is a regular offender, having five previous cases and nine sovereigns of gold stolen articles were recovered from the petitioner and opposed for grant of bail to the petitioner.
5.
Taking into consideration the facts and circumstances of the case, the nature of allegation against the petitioner, the submissions made by the learned counsels on either side, the fact that stolen article were recovered by the respondent police and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail with the following conditions:
(1) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.II, 3/8
Chengalpattu.
(2) The petitioner shall report before the respondent police everyday at 10:30 a.m., for a period of thirty days.
(3) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Metropolitan Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;
(4) The petitioner shall make himself available for interrogation by a Police Officer as and when required;
(5) The petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses;
(6) The petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
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(7) On breach of any of the aforementioned conditions, the learned Metropolitan Magistrate is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283].
(8) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
14.05.2025 jai 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.
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To 1.State Rep by the Inspector of Police Guduvancherry Police Station Tambaram (Crime No 89 of 2025).
2. The Judicial Magistrate Court No.II, Chengalpattu.
3. The Sub Jail, Chengalpattu.
4. The Public Prosecutor, Madras High Court, Chennai.
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M.NIRMAL KUMAR J.
Jai CRL OP No. 15050 of 14-05-2025 8/8