Pura Magesh @ Magesh 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 1.Pura Magesh @ Magesh 2.Karthik @ Karthikeyan ... Petitioners

Versus

State represented by, The Inspector of Police, V-3, JJ Nagar Police Station, (Crime No.771/2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioners on bail pending investigation in Crime No.771 of 2024 on the file of the respondent.

For Petitioners :

Mr.A.G.Vinodh Choudary 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.771 of 2024 registered for the offences punishable under Sections 310(4) of BNS r/w 25(1A) of Arms Act, is on board for consideration.

2.The incarceration of the petitioners being from 19.11.2024 pleading innocence on the part of the petitioners and false implication in the case, the learned counsel for the petitioners seeks indulgence of this Court. He also submits that the petitioners have been implicated in this case since the 1st petitioner has four previous cases and the 2nd petitioner has one previous case. He also submits that the petitioners are 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 19.11.2024 at about 06.30 a.m., when the Sub Inspector of Police attached to the respondent Police Station was on regular patrol duty, he saw the petitioners/A4 & A6 along Page No.2 of 6

with other accused in possession of two knives under the Golden George Nagar New Bridge and on enquiry, it came to light that the accused had planned to commit dacoity in the houses and shops situated at Golden George Nagar.

4.Having heard the learned counsel for the petitioners 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 petitioners, this Court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties (out of which, one surety should be a blood related surety) each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur, 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;

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[b] the petitioners shall report before the respondent Police, everyday at 06.30 p.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 To Page No.4 of 6

1.The Judicial Magistrate, Ambattur.

2.The Inspector of Police, V-3, JJ Nagar Police Station.

3.The Superintendent, Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA, J.

vv2 Crl.O.P.No.30926 of 2024 12.12.2024 Page No.6 of 6