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Madras High CourtCRL OP/32634/2024granted

Ramana Alias Rajkumar v. State Rep By, Inspector Of Police,

2025-01-03Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ramana @ Rajkumar ... Petitioner Vs.

State Rep. by Inspector of Police Vridhachalam Police Station Cuddalore District (Crime No.680 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.680 of 2024 on the file of the respondent Police. For Petitioner :

Mr.T.Meganathan For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.680 of 2024 registered for the offences punishable under Sections 331(4), 305 of BNS 2023, is on board for consideration.

2.The incarceration of the petitioner being from 29.11.2024 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 no way connected with the alleged offences and he is ready to abide 1/4

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, stole laboratory equipment from the school, where the de facto complainant works as a teacher. He further submits that there is one previous case against the petitioner. He further submits that in this matter charge sheet has been filed through e-fling before the learned Judicial Magistrate No.I, Vriddhachalam, Cuddalore District. 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 only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.

[a] the sureties shall affix their photographs and Left 2/4

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 Judicial Magistrate No.I, Vriddhachalam, Cuddalore District on all the working days at 10.30 a.m., for a period of two weeks and thereafter, on the dates fixed by the Judge, concerned;

[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.

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A.D.JAGADISH CHANDIRA, J.

sai To 1.The Judicial Magistrate No.I, Vriddhachalam, Cuddalore District 2.The Inspector of Police Vridhachalam Police Station Cuddalore District 3.The Superintendent, Central Jail, Cuddalore District.

4.The Public Prosecutor, High Court of Madras.

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