Akash Viswanaath v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Akash Viswanaath ... Petitioner Vs.

The State represented by, The Inspector of Police, H-1, Washermenpet Police Station, Chennai.

(Crime No.643 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS Act, pleased to enlarge the petitioner on bail, in connection with Crime No.643 of 2024, on the file of the respondent Police.

For Petitioner :

Mr.D.Padmanabhan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner/A1, who was arrested and remanded to judicial custody on 12.09.2024, seeking bail in Crime No.643 of 2024 registered for the offences under Sections 296(b), 115(2), 324(2), 329(4), 309(4), 311, 125 & 351(3) of BNS. 1/6

2. The case of the prosecution is that the accused have trespassed into the de facto complainant's tea shop, abused him in filthy language and by threatening him at knife point, robbed a sum of Rs.650/- from him. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, since he has got some previous cases. He further submitted that a reading of the First Information Report would also show that the present case is a foisted one and the petitioner is no way connected with the alleged offence, whereas, in order to keep the petitioner under fetters, the respondent had implicated the petitioner in this case. He also submitted that subsequently the petitioner was detained under Act 14 and the same was also revoked by the Advisory Board, however, the petitioner is in custody from 12.09.2024. Hence, he prayed for grant of bail to the petitioner stating that the petitioner is ready to abide by any other stringent conditions that may be imposed by this Court.

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4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while objecting for grant of bail to the petitioner, submitted that the petitioner/A1 along with three other accused had trespassed into the de facto complainant's shop and robbed a sum of Rs.650/- from him at knife point. He further submitted that five previous cases including one murder case are pending against the petitioner.

5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and also taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the XV 3/6

Metropolitan Magistrate Court, George Town, Chennai, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police, everyday at 07.30 p.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.11.2024 ham 4/6

To

1. The XV Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police, H-1, Washermenpet Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal-II, Chennai.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 19.11.2024 6/6