Venkatesh v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.08.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.20341 of 2024 Venkatesh ... Petitioner / Accused-4 Vs State rep. by:- The Inspector of Police, Nallur Police Station, Krishnagiri District.

... Respondent [Cr. No.89 of 2024] For Petitioner : Mr.M.P.Saravanan 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. 89 of 2024 on the respondent police. 1/5

ORDER

The Petitioner, who was arrested and remanded to judicial custody on 14.07.2024 for the offences punishable under Sections 310(4) of BNSS and Section 25(1)(a) of Arms Act, in Crime No.89 of 2024, on the file of the respondent, seeks bail.

2.The case of the prosecution is that on 14.07.2024, when the respondent was proceeding to their routine patrol near Kelavarapalli Dam junction, the accused were found in preparation of committing dacoity. 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 no previous case against him. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) for the respondent would submit that the petitioner along with other accused were planned for dacoity near Kelavarapalli Dam. He would further submit that there 2/5

are no 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 the petitioner has no previous cases against him and 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 No.II, Hosur, and on further conditions that: [b] the Petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation.

[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.

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[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.

22.08.2024 ata To 1.The Judicial Magistrate No.II, Hosur.

2.The Inspector of Police, Nallur Police Station, Krishnagiri District.

3.Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

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P.DHANABAL ,J ata CRL.OP.No.20341 of 2024 22.08.2024 5/5