D.David Prasanth v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :29.08.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.20844 of 2024 D.David Prasanth ... Petitioner / Accused Vs State rep. by The Inspector of Police, M-3, Puzhal Police Station, Chennai.

... Respondent [Cr. No.550 of 2024] PRAYER: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the Petitioner on bail in Crime No.550 of 2024, on the file of the respondent.

For Petitioner : Mr.K.Kanagaraj For Respondent : Mr.S.Vinothkumar Government Advocate (Criminal Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.07.2024 for the offences punishable under Sections 191(3), 126, 296(b), 118, 125, 325, 310, 311 and 351(3) of BNS, 2023, in Crime No.550 of 2024, on the file of the respondent, seeks bail. 2.The case of the prosecution is that on 18.07.2024, when the defacto complainant opened his waste paper shop at 6.00 a.m, the petitioner along with the other accused, intercepted the defacto complainant and robbed Rs.5000/- 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 the petitioner is ready to abide by any stringent condition that may be imposed by this Court. 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 trespassed into the shop of the defacto complainant and robbed a sum of Rs.5000/- 2/6

at knife point. He would further submit that there are four 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 considering the number of days of incarceration undergone by the petitioner, nature of offences and that though the petitioner has previous cases he was granted 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.I, Madhavaram, and on further conditions that;

[b] the Petitioner shall report before the Tambaram Police Station at 10.30 a.m., until further orders;

[c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of 3/6

which he is suspected;

[d] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[e] the Petitioner shall not abscond 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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1.The Judicial Magistrate No.I, Madhavaram.

2.The Inspector of Police, M-3, Puzhal Police Station, Chennai.

3.Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

P.DHANABAL ,J.

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