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Madras High CourtCRL OP/35655/2025granted

Baskar v. The State Rep By, The Inspector Of Police,

2025-12-30Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL 1.Baskar 2.Maheswaran @ Mahes ... Petitioner/A1 & A3 Vs.

The State rep. by its The Inspector of Police, Palladam Police Station, Tiruppur District, Tamil Nadu.

(Crime No.1040 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023 to enlarge the petitioners on bail in connection with Crime No.1040 of 2024 on the file of the respondent police.

For Petitioner : Mr.G.Sujith For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 26.10.2024 for the alleged offences punishable under Section 331(4), 310(3), 332(a), 3(5) of BNS, in Crime No.1040 of 2024, on the file of the respondent police, seek bail.

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2. The case of the prosecution is that the petitioners joined hands with other accused, involved in committing dacoity and murdered the deceased. It is also alleged that 12 1⁄2 sovereign of gold jewels were missing. Hence, the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners herein are arrayed as A1 and A3. He further submitted that the investigation has been completed and the case has been posted for trial. However, he opposed to grant bail to the petitioners.

5. Heard both sides and perused the materials available on record including the First Information Report.

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6. Considering the nature of offence and the period of incarceration undergone by the petitioners and that the investigation has already been completed and the case has been posted for trial, this Court is inclined to grant bail to the petitioners, subject to certain conditions. [a] Accordingly, the petitioners are ordered to be released on bail on them executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the II Additional District and Sessions Judge, Tiruppur, and on further conditions that:- [b] the petitioners shall report before the trial Court daily twice at 10.30 a.m and 05.00p.m until further orders;

[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer 3/6

or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

30.12.2025 Anu Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To 1.The II Additional District and Sessions Judge, Tiruppur 2.The Inspector of Police, Palladam Police Station, Tiruppur District, Tamil Nadu.

3.The Superintendent, Central Prison, Tiruppur 4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

Anu 30.12.2025 6/6