Shanmugam @ Shanmuganathan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

1. Shanmugam @ Shanmuganathan

2. Abdul Wahab ... Petitioners Vs.

The State represented by, The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.

(Crime No.1291 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.1291 of 2024, pending investigation on the file of the respondent Police.

For Petitioners :

Mr.V.Karthick For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.1291 of 2024 registered for the offences punishable under Sections 296(b), 309(4) and 351(2) of BNS, is on board for consideration.

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2. The incarceration of the petitioners/A1 & A2 being from 03.12.2024 pleading innocence on the part of the petitioners and false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He further submits that the petitioners are in no way connected with the alleged offence, however, in order to keep them under fetters, the respondent had implicated the petitioners in this case. He also submits that the co-accused has already been released on bail and 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 the accused had waylaid the de facto complainant, abused him in filthy language and robbed a sum of Rs.650/- from him at knife point and also threatened with dire consequences. He further submits that against both the petitioners, 11 previous cases are pending.

4. Having heard the learned counsel for the petitioners, 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 petitioners, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released 2/4

on bail on their executing separate bond each for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties (out of which, one surety should be a blood related surety of the petitioners), each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town, 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 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];

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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.

07.01.2025 ham To

1. The XV Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.

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

4. The Public Prosecutor, High Court of Madras.

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