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Madras High CourtCRL OP/649/2026granted

Ilavarasan v. State Represented By

2026-01-12Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.649 of 2026 Ilavarasan ... Petitioner -vsState Rep by, The Inspector of Police, GRP - Tambaram Police Station, Chennai District.

(Crime No.708 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.708 of 2025 on the file of the respondent police.

For Petitioner :

Mr.C.V.Vishnu For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) *********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.12.2025, for the alleged offence punishable under Sections 296(b), 115(1), 118(2), 351(2) of BNS Act, r/w 25(1)(a) of Arms Act, r/w 153 of Railway Act, in Crime No.708 of 2025 on the file of the respondent police seeks bail. 1/5

2. The allegation against the petitioner is that, due to previous enmity between college students, the petitioner joining hands with other accused attacked the defacto complainant with stones and threatened the public with dire consequences, by showing a knife. It is further alleged that the petitioner also threatened the passengers travelling in the train. Hence, a complaint was lodged and the petitioner was arrested.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent, aged 19 years, has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody since 13.12.2025 and he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that six persons are involved in this case and all of them have been remanded to judicial custody. He further submitted that the injured was discharged from the hospital and that the petitioner is not having any previous case. Hence, he opposed to grant bail to the petitioner.

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

6. Considering the submissions made by the learned counsel on both sides, 2/5

the fact that the injured was discharged from the hospital, the petitioner is not having any previous against him and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate Court No.I, Pallavaram 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 5.30 p.m., for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the 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 3/5

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 6490];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

12.01.2026 drl 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.

To 1.The Judicial Magistrate Court No.I, Pallavaram.

2.The Inspector of Police, GRP - Tambaram Police Station, Chennai District.

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

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.649 of 2026 (3/3) 12.01.2026 5/5