Divya v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 30342 of 2024 Divya ... Petitioner Vs.

State by The Inspector of Police, K9, Thiru.Vi.Ka. Nagar Police Station, Chennai District.

(Cr.No. 576 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.576 of 2024 pending investigation on the file of the respondent Police. For Petitioner :

Mr.N. Sudharsan For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.576 of 2024 registered for the offences punishable under Sections 296(b), 109 and 351(3) of BNS is on board for consideration.

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2.The incarceration of the petitioner being from 13.11.2024 pleading 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 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 the petitioner along with other accused, due to previous enmity, entered the house of the de facto complainant and attacked him using knife leading to de facto complainant sustaining multiple cut injuries. 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.

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 10.30 a.m., for a period of two weeks, and thereafter, on every Saturday at 10.30 a.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. 05.12.2024 sai 3/4

A.D.JAGADISH CHANDIRA., J.

sai To 1.

The V Metropolitan Magistrate, Egmore.

2. The Inspector of Police, K9, Thiru.Vi.Ka Nagar Police Station, Chennai District.

3.

The Superintendent, Central Prison, Puzhal.

4.

The Public Prosecutor, High Court of Madras.

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