Sanjay Varma v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-07-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Sanjay Varma Petitioner Vs The State Rep By The Inspector Of Police KarungalPalayam Police Station, Erode. (Crime No. 438 of 2024) Respondent PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to release the petitioner on bail in the above S.C.NO. 37/2025 on the file of I Additional Sessions Judge, Erode. For Petitioner:
Mr.G.Ashokkumar For Respondent:
Mr.R.Vinothraja Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 09.12.2024, for the offences punishable under Section 178 of BNS in connection with Crime No.438 of 2024, registered on the file of the respondent,
seeks bail.
2. The case of the prosecution is that on 08.10.2024, the petitioner/accused printed and circulated the fake currency notes.
3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case, that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the petitioner was remanded to judicial custody on 09.12.2024. He would also submitted that he is ready to furnish sufficient sureties to ensure his regular attendance and abide by any condition imposed by this Court, and prays that the petitioner may be granted bail.
4.The learned Government Advocate (Crl.side) appearing for the respondent vehemently opposed for grant of bail to the petitioner and submitted that the petitioner has six previous cases in similar nature, that the petitioner has committed such offence both in Tamil Nadu and Kerala. He would submit that the investigation is completed and the charge sheet filed in S.C.No.37 of 2025
on the file of the learned I Additional Sessions Judge, Erode.
5. Heard both sides and perused the materials available on record. 6.Considering the nature of allegations 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 1 st Additional Sessions Judge, Erode, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the trial Court on every Tuesday at 10.30 a.m., and on all future hearing dates without fail except when he required to appear before the trial Court for hearing in connection with other cases;
[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [e] 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; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
03-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes
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.
To 1.The State Rep By The Inspector Of Police KarungalPalayam Police Station, Erode. (Crime No. 438 of 2025) 1.The Ist Additional Sessions Judge, Erode.
3.The Central Prison, Poojappura, Trivandrum, Kerala.
4.The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 18984 of 03-07-2025