Vinoth v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Vinoth ... Petitioner Vs.

State, Represented by The Inspector of Police Sholavaram Police Station Thiruvallur District.

(Crime No.1132 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.1132 of 2024 on the file of the respondent Police. For Petitioner :

Mr.P.Chandrasekar For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.1132 of 2024 registered for the offences punishable under Sections 296(b), 309(4), 311, 351(3) of BNS is on board for consideration.

2.The incarceration of the petitioner being from 27.11.2024 pleading innocence on the part of the petitioner and false implication in the case, learned 1/4

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 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 waylaid the de facto complainant, threatened him at knife point and robbed a sum of Rs.1,100/- from him. He further submits that there are four previous cases 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 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.

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[b] the petitioner shall stay at Vridhachalam and report before the Inspector of Police, Vridhachalam Police Station, everyday at 06.30 p.m., until further orders. It is made clear that the petitioner shall not enter the jurisdictional limits of the respondent police 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 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 II, Ponneri 2.The Inspector of Police, Sholavaram Police Station Thiruvallur District.

3.The Inspector of Police Vridhachalam Police Station Vridhachalam.

4.The Superintendent, Central Prison, Puzhal.

5.The Public Prosecutor, High Court of Madras.

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