Buchoyadav v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL

1. Buchoyadav

2. Krishnakumar

3. Ranjeethkumar Yadav

4. Rahulkumar

5. Ravindrakumar 6.Sonukumar 7.Shrvankumar

8. Bishalkumar

...Petitioners

Vs.

The State rep by The Inspector of Police Cheyyr Police Station, Tiruppur Crime No.284 of 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.284 of 2024 on the file of respondent police. For Petitioner : Mr.P. Thinesh 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 26.09.2024 for the offences under Sections 318(4), 61(2), 49, 112, 95 of BNS in Crime No.284 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners along with other accused alleged to have cheated the defacto complainant under the guise of polishing the jewels and robbed the same. Hence, the respondent police has registered a case against the petitioner.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. They have not committed any offence as alleged in the FIR. He would further submit that the petitioners were arrested and is in judicial custody from 26.09.2024 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioners.

4. Learned Government Advocate (Crl.Side) opposes the grant of bail to the petitioner by stating that the petitioners along with other 2/6

accused alleged to have cheated the defacto complainant under the guise of polishing the jewels and robbed the same. He further submitted that there is no previous case pending against the petitioner.

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

6. Considering the submission of the learned counsel on either side, nature of offence, specific overt act against the petitioners, considering the period of incarceration undergone by the petitioners and also taking note of the fact there is no previous case pending against the petitioners and also considering all others factors, I am inclined to grant bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are 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, Avinashi, Tiruppur and on further conditions that:

[a]the petitioners shall report before the respondent 3/6

police everyday at 10.30 a.m until further orders. [b] the petitioners shall attend in accordance with the conditions of the bond;

[c] the Petitioners 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 Petitioners 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 Petitioners 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 Petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

4/6

24.10.2024 smn To 1.The Judicial Magistrate, Avinashi, Tiruppur '2.The Superintendent, Central prison, Puzhal, Tiruppur 3The Inspector of Police Thiruttani Police Station, Thiruvallur District 4.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

smn 5/6

24.10.2024 6/6