Pranav v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Pranav

...Petitioner/ Accused No.1

Vs.

The Inspector of Police, Sunguvarchathiram Police Station, Kancheepuram District.

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in Crime No.421 of 2024 on the file of respondent police. For Petitioner : Mr.Senthilnathan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side) *****

O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 01.08.2024 for the offences under Sections 296(b), 132, 109, 351(3) of the BNS and 25(1-A) of the Arms Act, 1959 in Crime No.421 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the complainant along with his police subordinates have intercepted a two-wheeler, which was heading them in a rash and negligent manner from the direction of Sriperumbudhur, the rider of the bike/the petitioner, has not obeyed the order of the complainant to stop the vehicle and also abused the complainant and his subordinates. It is further alleged that the petitioner took a knife from the bike and tried to assault one of his subordinates. Hence, the case.

3. Learned counsel for the petitioner/A1 submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner has been in custody since 2/6

30.07.2024; that he is a law-abiding citizen; that he is ready to furnish substantial sureties for his due release on bail; and therefore, he prays for the grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) for the respondent police opposed the grant of bail to the petitioner by stating that the petitioner/A1 has not obeyed the order of the complainant to stop the vehicle and also abused the complainant and his subordinates; and that the petitioner took a knife from the bike and tried to assault one of the subordinates of the complainant. He further submitted that there are three previous cases pending against the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the representation made by both sides, the nature of offences charged against the petitioner, that though the petitioner has some previous cases, in all cases, he was already granted bail, and also taking into consideration the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain 3/6

conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate, Sriperumbudur, Kancheepuram District, and on further conditions that:

[a] the petitioner shall report before the learned Judicial Magistrate, Sriperumbudur, Kancheepuram District on every working day at 10.30 a.m., for a period of 30 days, and thereafter, report before the respondent police as and when required for the interrogation; [b] the petitioner shall attend in accordance with the conditions of the bond;

[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 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 or tamper with the evidence;

[e] the Petitioner shall not abscond either during 4/6

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.

04.09.2024 dk To 1.The Judicial Magistrate, Sriperumbudur, Kancheepuram District,.

2.The Superintendent of Prison, Central Prison Vellore.

P.DHANABAL, J.

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3.The Inspector of Police, Sunguvarchathiram Police Station, Kanchipuram District.

4.The Public Prosecutor, High Court of Madras.

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