Sivan v. The 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 Sivan ... Petitioner
Versus
The State represented by Inspector of Police, K-11, CMBT Police Station, Chennai.
(Crime No.538 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.538 of 2024 on the file of the Inspector of Police, K-11, CMBT Police Station, Chennai District pending on the file of the respondent.
For Petitioner :
Mr.R.Rajadurai 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.538 of 2024 registered for the offences punishable under Sections 126(2), 296(b), 115(2), 311 and 351(3) of BNS, is on board for consideration. 2.The incarceration of the petitioner being from 11.09.2024 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 has been implicated in this case since he has one previous case pending against him. 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 the petitioner and another accused had waylaid the defacto complainant and robbed a sum of Rs.250/- and a mobile phone by showing knife. He further submits that Page No.2 of 6
the respondent Police has filed charge sheet before the learned V Metropolitan Magistrate, Egmore, Chennai, but yet to be taken on file. 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 each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, 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 learned V Metropolitan Magistrate, Egmore, Chennai everyday at 10.30 p.m., for a period of two weeks and thereafter on the dates fixed by the learned Magistrate; Page No.3 of 6
[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 V Metropolitan Magistrate, Egmore, Chennai.
2.The Inspector of Police, K-11, CMBT Police Station, Chennai.
3.The Superintendent, Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras.
Page No.5 of 6
A.D.JAGADISH CHANDIRA, J.
vv2 Crl.O.P.No.31033 of 2024 12.12.2024 Page No.6 of 6