Vishnu v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Vishnu ... Petitioner Vs.
The State represented by, The Inspector of Police, Avadi Tank Factory Police Station, Tiruvallur District.
(Crime No.582 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with the Crime No.582 of 2024, pending investigation on the file of the respondent Police.
For Petitioner :
Mr.S.Siva Kumar For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.582 of 2024 registered for the offences punishable under Sections 331(2) & 305 of BNS, is on board for consideration.
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2. The incarceration of the petitioner being from 24.09.2024 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 has nothing to do with the alleged offence, however, he was arrested 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 5 sovereigns of gold jewels and a cash from hundiyal. He further submits that the investigation is at preliminary stage and further, nine previous cases are 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 including the counter filed by the respondent Police and taking note of the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and 2/4
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 the 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;
[b] the petitioner shall report before the respondent Police everyday 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];
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A.D.JAGADISH CHANDIRA.,J.
ham [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
21.01.2025 ham To
1. The Judicial Magistrate, Ambattur.
2. The Inspector of Police, Avadi Tank Factory Police Station, Tiruvallur District.
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
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