Vasanth Alias Dudu v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 30249 of 2024 Vasanth @ Dudu ... Petitioner Vs.

State rep. by its Sub Inspector of Police, N2 Kasimedu Police Station, Chennai.

(Cr.No. 338 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the above Crime No. 338 of 2024 on the file of the respondent. For Petitioner :

Mr.G. Ezhil Balaji For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.338 of 2024 registered for the offences punishable under Sections 399 & 402 IPC is on board for consideration.

2.The incarceration of the petitioner being from 15.11.2024 pleading 1/4

innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that to detain the petitioner under Act 14, these cases are falsely registered against him. He also submits that the petitioner is no way connected with the alleged offences and he is 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 on secret information, when the respondent Police went near Singaravelar Nagar, they found five persons hiding and on enquiry, it was revealed that the petitioner along with four others, had conspired to commit robbery. He further submits that there are seven previous cases against the petitioner, in which three ended in acquittal and four is pending against him. He further submits that the petitioner is a history sheeter. 4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioner with certain conditions and 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 2/4

only) with two sureties, each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, 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 06.30 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.

04.12.2024 sai 3/4

A.D.JAGADISH CHANDIRA., J.

sai To 1.

The XVI Metropolitan Magistrate, George Town, Chennai.

2.

The Sub Inspector of Police, N2 Kasimedu Police Station, Chennai.

3.

The Superintendent, Central Prison, Puzhal, Chennai.

4.

The Public Prosecutor, High Court of Madras.

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