Riyaaz 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.20340 of 2024 Riyaaz ... Petitioner / Accused-1 Vs State rep. by:- The Inspector of Police, C2 Race Course Police Station, Coimbatore - 641 018.

... Respondent [Cr. No.339 of 2024] For Petitioner : Mr.Parasaran P.A 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. 339 of 2024 on the respondent police. 1/6

ORDER

The Petitioner, who was arrested and remanded to judicial custody on 13.07.2024 for the offences punishable under Sections 115(2), 308(4) & 351(2) of Bharatiya Nayaya Sanhita, 2023, in Crime No.339 of 2024, on the file of the respondent, seeks bail.

2.The case of the prosecution is that on 12.07.2024 at about 5.30 p.m., the petitioner along with the other accused have committed theft of Rs.2,800/- on the defacto complainant through G-pay and also snatched his watch. 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 the property has been recovered and there is no previous cases pending against the petitioner. 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 the other accused have 2/6

committed theft of Rs.2,800/- on the defacto complainant and also snatched his watch. He would further submit that there is no previous cases pending against the petitioner and the property has been recovered. However, 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 fact that the property was recovered and considering the period of incarceration undergone by the petitioner and that there is no previous case pending against 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.III, Coimbatore, 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.

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[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.III, Coimbatore. 2.The Inspector of Police, C2 Race Course Police Station, Coimbatore - 641 018.

3.Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

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P.DHANABAL ,J ata CRL.OP.No.20340 of 2024 22.08.2024 6/6