Madhan Alias Damage Madhan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
1. Madhan @ Damage Madhan
2. Suriya @ MT Suriya ... Petitioners Vs.
The State represented by, The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.
(Crime No.1229 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.1229 of 2024, pending investigation on the file of the respondent Police.
For Petitioners :
Mr.V.Sudhakar For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.1229 of 2024 registered for the offences punishable under Sections 310 (4) & 310 (5) of BNS and Section Section 25(1A) of Arms Act is on board for consideration. 1/6
2. The incarceration of the petitioners being from 29.10.2024 pleading innocence on the part of the petitioners and false implication in the case, the learned counsel for the petitioners seeks indulgence of this Court. He also submits that the petitioners, aged about 19 years, are no way connected with the alleged offence, however, they have been arrested since they have several previous cases. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that when the respondent and his team were on their regular patrol duty, they have seen that the accused had assembled together and were making preparation for committing dacoity. Thereby, the respondent had arrested the accused and seized weapons from them. He also submits that there are five accused in this case and the petitioners herein are arrayed as A4 and A5 and against A4, four previous cases are pending and in respect of A5, three cases are pending.
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4. Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, and also considering the age of the petitioners and the period of incarceration undergone by them, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on their executing separate bond each for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties (out of which, one of the sureties should be either the father or mother of the petitioners), each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town, 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 petitioners shall report before the respondent Police, everyday at 06.30 p.m., until further orders;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the 3/6
learned 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];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
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To
1. The XV Metropolitan Magistrate, George Town.
2. The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
ham 28.11.2024 6/6