Narendhiran v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.08.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.20207 of 2024 Narendhiran ... Petitioner / Accused-1 Vs State rep. by:- The Inspector of Police, Redhills Police Station, Thiruvallur District.

... Respondent [Cr. No.646 of 2024] For Petitioner : Mr.P.Chandrasekar 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. 646 of 2024 on the respondent police. 1/6

ORDER

The Petitioner, who was arrested and remanded to judicial custody on 16.07.2024 for the offences punishable under Sections 296(b), 309(4), 311, 351(2) of BNSS, in Crime No.646 of 2024, on the file of the respondent, seeks bail.

2.The case of the prosecution is that on 16.07.2024, the petitioner along with the other accused abused the defacto complainant in filthy language and robbed Rs.500/- from the defacto complainant by showing knife. 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 the petitioner has not committed any such offence as alleged by the prosecution. He would further submit that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prays for grant of bail to the petitioner. 2/6

4.The learned Government Advocate (Crl. Side) for the respondent would submit that the petitioner along with the other accused abused the defacto complainant and robbed Rs.500/- from him at knife point. He would further submit that there are five previous cases against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard both side learned counsel and perused the materials available on record.

6. Considering the nature of offence and also the quantity of amount involved in this case and considering that though he is having five previous cases, in all the cases, he has been released on bail and also taking into consideration the period of incarceration undergone by the petitioner, 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 Judicial Magistrate II, Ponneri, and on further conditions that: 3/6

[b] the Petitioner shall report before the respondent police 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.

21.08.2024 ata 4/6

To 1.The Judicial Magistrate II, Ponneri.

2.The Inspector of Police, Redhills Police Station, Thiruvallur District.

3.Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

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P.DHANABAL ,J ata CRL.OP.No.20207 of 2024 21.08.2024 6/6