Issac Alias Devan v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.4102 of 2026 Issac @ Devan ... Petitioner Vs.

The State Rep by The Inspector of Police, B-7, Vellavedu Police Station, Thiruvallur District.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/1st accused on bail in Cr.No.28 of 2026 pending investigation on the file of the respondent police.

For Petitioner : Mr.G.Prabhakaran For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 23.01.2026, for the alleged offence punishable under Sections 296(b), 308(2), 351(3) of BNS,2024 in Cr.No.28 of 2026 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that on 23.01.2026, when the defacto complainant was in his old iron scrap shop, petitioner along with others came there and demanded money, the defacto complainant refused to give the same. Due to which, the petitioner and two others abused and robbed a sum of Rs.1,500/- and escaped from the shop, which led to the registration of the case and subsequently, the petitioner was arrested. Hence, the present petition has been filed seeking bail.

3. The learned counsel appearing for the petitioner submitted that due to statistics purpose, the present case was registered and the petitioner has been arrested, since he is having some bad antecedents. He further submitted that the petitioner is in custody from 23.01.2026 and he is ready to cooperate with the investigation and also ready and willing to abide by any conditions that may be imposed by this court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is having criminal antecedents with eight previous cases and investigation in this case is pending. Hence, he opposed for grant of bail to the petitioner.

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5. Heard both sides and perused the records and other connected materials.

6. Considering the nature of allegations, the period of incarceration undergone by the petitioner, Though eight previous cases reported against the petitioner and investigation in this case is pending, I am inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the Judicial Magistrate-II, Poonamalle, Chennai and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the learned respondent police daily at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; 3/6

[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18.02.2026 Vv 4/6

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-II, Poonamalle, Chennai

2. The Inspector of Police, B-7, Vellavedu Police Station, Thiruvallur District.

3. The Sub Jail, Poonamalle 4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.4102 of 2026 18.02.2026 6/6