Ravikaran 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.20258 of 2024 Ravikaran ... Petitioner / Accused Vs State rep. by:- The Sub Inspector of Police, Padalur Police Station, Perambalur District.

... Respondent [Cr. No.208 of 2024] For Petitioner : Mr.M.Maharaja 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. 208 of 2024 on the respondent police. 1/6

ORDER

The Petitioner, who was arrested and remanded to judicial custody on 19.07.2024 for the offences punishable under Sections 309(3) and 311 of BNSS, in Crime No.208 of 2024, on the file of the respondent, seeks bail.

2.The case of the prosecution is that on 19.07.2024 at about 11.00 a.m., when the defacto complainant returned from market to the shop where he is working, the petitioner waylaid him and threatened him with knife and robbed Rs.4,000/- and escaped. 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 only attempted to take money and he 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 that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) for the respondent would submit that the petitioner waylaid the defacto complainant, threatened him by showing knife and robbed Rs.4,000/-. He would further submit that there are twenty 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 allegations levelled against the petitioner and considering the number of days of incarceration undergone by the petitioner and that though there are previous cases against the petitioner, he has been released on bail in all the cases, 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 No.2, Perambalur, and on further conditions that:

[b] the Petitioner shall report before the Ariyalur Police Station, everyday at 10.30 a.m., until further orders. 3/6

[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 Judicial Magistrate No.2, Perambalur.

2.The Sub Inspector of Police, Padalur Police Station, Perambalur District.

3.Central Prison, Trichy.

4.The Public Prosecutor, High Court, Madras.

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P.DHANABAL ,J ata CRL.OP.No.20258 of 2024 21.08.2024 6/6