Jothi Ranjan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.09.2024
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.22862 of 2024 Jothi Ranjan ... Petitioner / Accused - 1 Vs State rep. by The Inspector of Police, P1, Pulianthope Police Station, Chennai.
(Crime No.495 of 2024) ... Respondent 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.495 of 2024, on the file of the respondent.
For Petitioner : Mr.M.Nagaraj For Respondent : Mr.S.Vinothkumar Government Advocate (Criminal Side) 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.09.2024 for the offences punishable under Sections 126, 296(b), 309(6), 311, 324(2), 125, 351(2) of BNS, 2023, in Crime No.495 of 2024, on the file of the respondent, seeks bail. 2.The case of the prosecution is that on 31.08.2024, the petitioner along with the other accused came to the tiffin shop run by the defacto complainant, abused him in filthy language, attacked him with wooden logs and robbed Rs.470/- at knife point and thereafter, on the same day at about 5.30 p.m., the accused waylaid a lorry and robbed Rs.700/- 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 has been in custody from 01.09.2024. 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.
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4.The learned Government Advocate (Crl. Side) for the respondent would submit that the petitioner along with the other accused came to the defacto complainant's shop, attacked him and robbed Rs.470/- at knife point and on the same day, the accused waylaid the lorry and robbed Rs.700/- at knife point. He would further submit that there are three previous cases against the petitioner and only Rs.430/- was recovered from the accused. Hence, he 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 offences charged against the petitioner and the value of money involved in this case and that some part of amount was also recovered and also considering that though the petitioner is having three previous cases, he was granted bail in all the cases and also 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: 3/6
[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 X Metropolitan Magistrate, Egmore, Chennai, and on further conditions that;
[b] the Petitioner shall report before the jurisdictional Judicial Magistrate on all working days 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 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.
18.09.2024 ata 4/6
To 1.The X Metropolitan Magistrate, Egmore, Chennai. 2.Central Prison, Puzhal, Chennai.
2.The Inspector of Police, P1, Pulianthope Police Station, Chennai.
3.The Public Prosecutor, High Court, Madras.
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P.DHANABAL ,J.
ata CRL.OP.No.22862 of 2024 18.09.2024 6/6