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Madras High CourtCRL OP/25158/2024granted

B.Panner Selvam v. State Represented By

2024-10-15Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL B. Panner Selvam

...Petitioner

Vs.

The State rep by The Inspector of Police K6 T.P. Chatram Police Station Chennai District (Crime No.223 /2024)

...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.223 of 2024 on the file of respondent police. For Petitioner : Mr.S.R.Meenakshi Sundharam 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 13.09.2024 for the offences under Sections 126(2),296(b), 125,309(6), 311 and 351(3) of BNS Act 2023 in Crime No.223 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner waylaid the defacto complainant at knife point and robbed a sum of Rs.1,000/- from him. Hence, the respondent police has registered a case against the petitioners.

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 13.09.2024 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

4. Learned Government Advocate (Crl.Side) opposes the grant of 2/6

bail to the petitioner by stating that the petitioner waylaid the defacto complainant at knife point and robbed a sum of Rs.1,000/- from him. He further submitted that investigation has been completed and charge sheet also filed and a sum of Rs.400/- was recovered from the petitioner and there are three previous case pending against the petitioner.

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

6. Considering the submissions made by the learned counsel on either side and considering the period of incarceration undergone by the petitioner and that investigation has been completed and charge sheet has been filed and taking note of the fact that even though the petitioner has some previous cases, bail was granted to the petitioner in these cases and part of the amount was also recovered 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 3/6

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 Metropolitan Magistrate No.V, Egmore and on further conditions that:

[a] he petitioners shall report before the concerned Jurisdictional Magistrate, everyday at 10.30 a.m., until further orders.

[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;

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[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.

15.10.2024 smn To 1.The Metropolitan Magistrate No.V, Egmore 2.The Superintendent, Central Prison, Puzhal, Chennai 3.The Inspector of Police K6 T.P. Chatram Police Station Chennai District 4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

smn 15.10.2024 6/6