Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12252 of 2025 Raja S/o. Arumugan ... Petitioner / Accused-2
Vs. The State represented by: The Inspector of Police, Poonamallee Police Station, Tiruvallur. (Crime No.208 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.208 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. V. Parthiban For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed by the petitioner/accused, who was arrested and remanded to judicial custody on 28.02.2025, seeking bail in Crime No.208 of 2025 registered for the offences under Sections 126(2), 296(b), 115(2), 118(1), 125, 309(4), 311 and 351(3) of B.N.S.
2. The case of the prosecution is that when the defacto complainant was
returning to home, the petitioner along with other accused, who are well known to the defacto complainant, waylaid the defacto complainant, abused him in filthy language, threatened him of dire consequences and also robbed a sum of Rs.3,500/- from the defacto complainant's shirt pocket at knife point. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the
allegations against the petitioner are false; that he has been falsely implicated in this case; that the petitioner is in custody from 28.02.2025; and that further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner has 8 other previous cases, in which, he is on bail.
5. Considering the aforesaid facts, nature of allegations, period of
incarceration, the petitioner is on bail in other previous cases and that since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.
6. 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.II, Poonamallee 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, everyday at 10.30 a.m., 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 B.N.S. 23.04.2025 mjs To
1. The Judicial Magistrate No.II, Poonamallee. 2.The Inspector of Police, Poonamallee Police Station, Tiruvallur.
3. The Superintendent, Central Prison-II, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
SUNDER MOHAN., J.
mjs Crl.O.P.No.12242 of 2025 23 .04.2025