Subash Chandhra Bose v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/01/2025 PRESENT The HONOURABLE MS. JUSTICE R.POORNIMA Subash Chandhra Bose ... Petitioner/Accused No.5 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Madhagupatti Police Station, Sivagangai District.

(Crime No. 279 of 2024.) ... Respondent/Complainant For Petitioner :

Mr. Dineshpandi.T, Advocate For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 279 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A5, who was arrested and remanded to judicial custody on 03.12.2024 for the offences under Sections 331(4) and 305(a) BNS Act, 2023 in Crime 1/5

No.279 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.11.2024, the defacto complainant found that his house was broken and silver items were taken away by some unknown persons. There are totally five accused persons involved in this robbery case and the petitioner has been arrayed as A5.

3. The learned Counsel appearing for the petitioner submitted that the petitioner is innocent and he is not involved in any offences and he was wrongly implicated in this case.

4. The learned Additional Public Prosecutor appearing for the State submitted that initially, A1 to A3 were arrested and during confession, the respondent Police came to know that they have already committed these offences and hence, they were arrested and remanded to judicial custody. He further stated that the petitioner has five previous cases and in this case, the investigation is already over. 5.Taking into consideration of the stage of the case and considering the fact that since the investigation is over, the petitioner's presence is not necessary for interrogation, this Court is inclined to grant bail to the petitioner subject to the following conditions.

6. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees 2/5

twenty five thousand only) with two sureties, out of which, one surety should be blood surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivagangai, 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 daily at 10.30 a.m until further orders.

[c] the petitioner shall appear before the trial Court during every hearing date without fail.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] 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]. 3/5

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

sd/- 17/01/2025 / TRUE COPY / 17/01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR/APD To 1.The Judicial Magistrate No.II, Sivagangai.

2.Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Inspector of Police, Madhagupatti Police Station, Sivagangai District.

4.The Officer Incharge, Sub Jail, Kulithalai, Karur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.936 of 2025 Date :17/01/2025 4/5

ED/ /SAR- (17/01/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5