Srivarma v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.2300 of 2026 Srivarma Deva @ devan ... Petitioners -vsState Rep by, The Inspector of Police, Minjur Police Station, Redhills District.

(Crime No.804 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioners on bail in Crime No.804 of 2025 on the file of the respondent police.

For Petitioners :

Mr.S.Thiyagarajan For Respondent :

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

ORDER

The petitioners were arrested and remanded to judicial custody on 25.12.2025 and 28.12.2025 respectively for the offences punishable under Sections 309(4) and 311 of BNS, in Crime No.804 of 2025, registered on the 1/5

file of the respondent police, seeks bail.

2. The allegation against the petitioners is that they joined hands with other accused waylaid the defacto complainant and robbed a sum of Rs.300/- from him at knife point. Hence, a case has been registered and the petitioners were arrested.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case, since they have got some previous cases. He further submitted that the petitioners were arrested and they are in judicial custody for more than 60 days. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are three accused in this case and the petitioners are ranked as A1 & A2. He further submitted that the first petitioner has having one previous case and the second petitioner is having two previous cases, pending against them. Hence, he opposes to grant bail to the petitioners.

4. Heard both sides and perused the materials available on record.

5. Considering the submissions made by the learned counsel on both sides, the nature of the allegations and though the petitioners have bad antecedents, considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

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6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Ponneri, 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 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 3/5

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.

03.02.2026 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 No.I, Ponneri.

2.The Inspector of Police, Minjur Police Station, Redhills District.

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

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.2300 of 2026 03.02.2026 5/5