Devaraj @ Deva @ Psycho Deva v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 14.08.2024
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.19561 of 2024 Devaraj @ Deva @ Psycho Deva ... Petitioner / Accused-1 Vs State rep. by:- The Inspector of Police, D1 Triplicane Police Station, Triplicane, Chennai.
... Respondent [Cr. No.254 of 2024] For Petitioner : Mr.M.Hussaini Basha For Respondent : Mr.S.Vinoth Kumar Government Advocate [Criminal side] PETITION FOR BAIL Under Sec.483 of B.N.S.S.
PRAYER: - The Criminal Original Petition is filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in Crime No.254 of 2024 on the file of the respondent police.
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ORDER
The petitioner/Accused-1, who was arrested and remanded to judicial custody on 19.07.2024 for the offences punishable under Sections 296(b), 311, 324(2), 125, 351(3) of BNSS, 2023, in Crime No.254 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 18.07.2024, the petitioner along with other accused have went to the defacto complainants shop and threatened with dire consequences and damaged the goods in the shop and also robbed Rs.500/- at knife point. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that initially the petitioner was detained under Act 14 of 1982 and thereafter, the said detention has been revoked by this Court on 15.07.2024. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner along with other accused have went to the defacto complainant's shop and robbed Rs.500/- at knife 2/6
point. He would further submit that there are 15 previous cases against the petitioner and A2 in this case was released on bail. However, he opposed to grant bail to the petitioner.
5. Heard both side learned counsel and perused the materials available on record.
6. Considering the representation made on both side counsel and considering the nature of the offence and also considering the fact that co-accused was already released on bail and taking into consideration the number of days of incarceration by the accused, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 II Metropolitan Magistrate, Egmore, Chennai, and on further conditions that:
[b] the petitioner shall report before the respondent police 3/6
everyday at 10.30 a.m., until further orders. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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To 1.The II Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, D1 Triplicane Police Station, Triplicane, Chennai.
3.Central Prison, Puzhal.
4.The Public Prosecutor, High Court, Madras.
P.DHANABAL ,J ata 5/6
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