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Madras High CourtCRL OP/31357/2024granted

S.Manoj Kumar v. The State Rep.By

2024-12-18Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA S.Manoj Kumar ... Petitioner Vs.

The State represented by, The Inspector of Police, Udumalpet Police Station, Tiruppur District.

(Crime No.66 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.66 of 2024, pending investigation on the file of the respondent Police. For Petitioner :

Mr.R.Parthiban For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.66 of 2024 registered for the offences punishable under Sections 457 and 380 of BNS, is on board for consideration.

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2. The incarceration of the petitioner/A5 being from 30.09.2024 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 in no way connected with the alleged offence, however, he was implicated in this case since he has several previous cases. 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 accused had trespassed into the house of the de facto complainant, by breaking open the door and committed theft of 17 1⁄2 sovereigns of gold jewels and a cash of Rs.15,000/-. He also submits that the petitioner/A5 herein is the person, who had received the stolen jewels from the other accused and from the unlawful gain, the accused together had purchased a Mill. He further submits that the initially the petitioner was arrested in some other case and he was formally arrested in the present case. He also submits that the investigation in this case has been completed and the charge sheet has also been filed before the learned Judicial Magistrate No.I, Udumalpet, which is yet to be taken on file. He further submits that eight previous cases are pending against the petitioner/A5, 2/4

therefore, if he is released on bail, there is a possibility of him absconding and not available for trial proceedings.

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 taking note of the period of incarceration undergone by the petitioner and that the charge sheet has been filed, 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 Judicial Magistrate No.I, Udumalpet, 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 appear before the learned Judicial Magistrate No.I, Udumalpet, on all working days at 10.30a.m., until further orders. The petitioner shall also report before the respondent Police, everyday at 6.30 p.m., until further orders;

[c] the petitioner shall not abscond during trial; 3/4

A.D.JAGADISH CHANDIRA.,J.

ham [d] the petitioner shall not tamper with evidence or witness during 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.

18.12.2024 ham To

1. The Judicial Magistrate No.I, Udumalpet.

2. The Inspector of Police, Udumalpet Police Station, Tiruppur District.

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

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