Rajkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2024

CORAM

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

State rep. by The Inspector of Police, M-3, Puzhal Police Station, Chennai.

(Crime No.738 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. 738 of 2024 on the file of the respondent police. For Petitioner :

Mr.S. Karthick For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.738 of 2024 registered for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1), 109, 125 & 351(3) of BNS, 2023 is on board for consideration. 1/5

2.The incarceration of the petitioner being from 20.09.2024 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 due to a dispute between the petitioner and brother-in-law of de facto complainant, the petitioner had assaulted the de facto complainant with bottles and due to which, he sustained head injuries. He further submits that there are five previous cases against the petitioner. He further submits that in this matter P.R.C.No.55 of 2024 has been assigned before the learned District Munsif cum Judicial Magistrate at Madhavaram.

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 and considering the period of incarceration undergone by the petitioner, 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 2/5

only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate at Madhavaram, 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 learned District Munsif cum Judicial Magistrate at Madhavaram, on all the working days 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. 3/5

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A.D.JAGADISH CHANDIRA., J.

sai To 1.

The District Munsif cum Judicial Magistrate, Madhavaram.

2.

The Inspector of Police, M-3 Puzhal Police Station.

3.

The Superintendent, Central Prison, Puzhal, Chennai.

4.

The Public Prosecutor, High Court of Madras.

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