Thllip v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Thilip ... Petitioner Vs.

State represented by, The Inspector of Police, Sathuvachari Police Station, Vellore District.

(Crime No. 354 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.354 of 2024 on the file of the respondent Police.

For Petitioner : Mr.M.Akash 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 19.09.2024, for the alleged offences punishable under Sections 115(2), 308(4), 108, 61(2), 118(2), 310(2), 3(5) of BNS, in Crime No.354 of 2024, on 1/6

the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased is a building contractor. On 19.09.2024 at about 7.38 p.m., the petitioner along with other accused demanded a sum of Rs.30 lakhs from the defacto complainant's father, due to which, the deceased committed suicide by handing. Hence, the complaint.

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 the petitioner's name was not found place in the FIR. 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.

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 ranked as A6. He further submits the deceased is 2/6

a building contractor. When he was in his building work, there was a rumour that a sum of Rs.30 crores had been taken by the deceased, which was came to known by the accused persons, for which they demanded a sum of Rs.30 lakhs from him, due to which, the deceased committed suicide by hanging. He further submits that this petitioner was actively participated in the scene of occurrence. He further submits that all the accused are arrested and they are in judicial custody. He further submits that the petitioner has no previous case, pending against him. Hence, 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 the petitioner is not named accused in the FIR, the petitioner has no previous case, pending against him, considering the period of incarceration undergone by the petitioner from 19.09.2024, already all the accused were secured by the 3/6

respondent police 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 No.5, Vellore 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;

[e] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against 4/6

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.

28.10.2024 drl To 1.The Judicial Magistrate No.5, Vellore.

2.The Inspector of Police, Sathuvachari Police Station, Vellore District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

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