Sanjay v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2024

CORAM:

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

Versus

State rep. by The Inspector of Police, Magudanchavady Police Station, Salem District.

(Crime No.318 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.318 of 2024 on the file of the respondent Police.

For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

Petition seeking bail in respect of Crime No.318 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 109 and 351(3) of BNS, is on board for consideration. 2.The incarceration of the petitioners being from 04.11.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner's name does not find place in the FIR and he has been implicated in this case based on the further statement recorded from the defacto complainant. He further submits that the petitioner 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 previous enmity, the accused abused the defacto complainant in filthy language and attempted Page No.2 of 6

to murder him by assaulting him with knife and machete. He further submits that the injured has been discharged from the hospital, however, he is taking treatment and the investigation is still pending. He also submits that no previous case is pending against the petitioner. 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 also 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 only) with two sureties (out of which, one of the sureties should be either the father or mother of the petitioner) each for a like sum to the satisfaction of the learned Judicial Magistrate No.

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[b] the petitioner shall report before the respondent Police daily 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. 12.12.2024 vv2 Page No.4 of 6

To 1.The Judicial Magistrate No.II, Sankagiri.

2.The Inspector of Police, Magudanchavady Police Station, Salem District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA, J.

vv2 Crl.O.P.No.31040 of 2024 12.12.2024 Page No.6 of 6