Shankar v. The State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL Shankar ... Petitioner Vs.
State represented by The Inspector of Police, Nallur Police Station Tiruppur (Crime No.351 of 2024).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No. 351 of 2024 on the file of the respondent Police.
For Petitioner : Mr.B. Prashanth Nadaraj For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 12.08.2024, for the alleged offence punishable under Sections 392, 395 1/6
and 397 of I.P.C,1860 in Crime No. 351 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 03.06.2024, at about 10.50 p.m., the defacto complainant was returning home after his works as a salesman in TASMAC, at that time, the petitioner along with other accused persons, intercepted the defacto complainant and robbed him, a sum of Rs.2,50,000/- which was the collection from the TASMAC sales for that date. The next day, he was admitted to the hospital, and the respondent police recorded the information and registered the crime. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submits that based on the confession of the arrested accused, this petitioner was arrayed as an accused. He would further submit that the petitioner was arrested and is in judicial custody for more than 35 days and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.
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4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally seven accused in this case and the petitioner herein is arrayed as A5. He further submits that on the date of the alleged occurrence, the petitioner along with other accused persons waylaid the defacto complainant and robbed a sum of Rs.2,50,000/- from him, by showing a knife, and ran away from the scene of occurrence. He further submits that a sum of Rs.37,200 was recovered from the accused persons. He further submits that the petitioner has one previous case pending against him. However, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the nature of offence, and considering that the petitioner was arrayed as accused based on the confession of co-accused, and some of the amount was also recovered, and considering the period of incarceration undergone by the petitioner, and though the petitioner has one previous case, in which, he has been released on bail, and also considering 3/6
all others factors, I am inclined to grant bail to the petitioner, subject to certain 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 Judicial Magistrate Court IV, Tiruppur and on further conditions that:- [a] the petitioner shall report before the respondent police, daily at 10.30 a.m., until further orders.
[b] 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;
[c] 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;
[d] the Petitioner shall not abscond either during investigation or trial;
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[e] 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 [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
18.09.2024 drl To 1.The Judicial Magistrate Court IV, Tiruppur 2.The Inspector of Police, Nallur Police Station Tiruppur 3.The Superintendent, Sub Jail, tiruppur 4.The Public Prosecutor, High Court of Madras.
P.DHANABAL, J.
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drl 18.09.2024 6/6