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Madras High CourtCRL OP/23432/2024granted

Elamaran v. State Rep By The

2024-09-26Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Elamaran

...Petitioner

Vs.

The State rep by The Inspector of Police Koothanallur Police Station, Thiruvallur District (Cr.No.235 of 2023)

...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 C.R No.235 of 2023 on the file of Respondent police and pass orders. For Petitioner : Mr.J. Jawahar For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side) ***** 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 16.08.2024 for the offences under Sections 296(b),132, 351(3) of BNS 2023 and 25(1A) of Arms Act 1959 in Crime No.235 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity the petitioner attacked the defacto complainant and caused injuries to him. Hence, the respondent police has registered a case against the petitioner.

3. Learned counsel for the petitioner 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 would further submit that the petitioner is arrested and is in judicial custody from 16.08.2024. and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner. 2/6

4. Learned Government Advocate (Crl.Side) opposes the grant of bail to the petitioner by stating that due to previous enmity the petitioner attacked the defacto complainant and caused injuries to him. He further submitted that there are ten previous case pending against the petitioner and the injured discharged from the hospital.

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

6. Considering the submission of the learned counsel on either side, considering the period of incarceration undergone by the petitioner and also taking note of the fact that injured discharged from the hospital and though the petitioner has some previous cases, in all cases, bail was granted to the petitioner, and also considering 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 learned Judicial Magistrate II, Mannarkudi and on further conditions 3/6

that:

[a] 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. [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 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 4/6

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.

26.09.2024 smn To 1.The Judicial Magistrate II, Mannarkudi 2.The Superintendent, District Jail, Nagapattinam 3.The Inspector of Police Koothanallur Police Station, Thiruvallur District 4.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

smn 5/6

26.09.2024 6/6