Selva @ Selvakumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.32260 of 2024 Selva @ Selvakumar ...

Petitioner Vs.

State Rep by Inspector of Police, R-2 Kodambakkam Police Station, Chennai.

(Crime No.213 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 Crime No.213 of 2024, on the file of the respondent Police. For Petitioner :

Mr.Karthick S For Respondent :

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

ORDER

Petition seeking bail in respect of Crime No.213 of 2024 registered for the offences punishable under Sections 126(2), 296(b), 115(2), 309(4), 311, 125, 351(3) of BNS, is on board for consideration. 1/5

2. The incarceration of the petitioner being from 05.10.2024 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. 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, along with other accused, threatened the defacto complainant with deadly weapons and robbed a sum of Rs.1,050/- from him. He further submits that the petitioner has twelve previous cases pending against him.

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 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 2/5

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 Metropolitan Magistrate No.XVII, Saidapet, 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 respondent Police on 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];

[f] If the accused thereafter absconds, a fresh FIR 3/5

can be registered under Section 269 of B.N.S. 02.01.2025 Lpp To

1. The Metropolitan Magistrate No.XVII Saidapet, Chennai.

2. The Inspector of Police, R-2 Kodambakkam Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA.,J.

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Lpp Crl.O.P.No.32260 of 2024 02.01.2025 5/5