Parthiban v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.4938 of 2026 Parthiban S/o Muthuraman ... Petitioner

Versus

State rep by its, The Inspector of Police, M-5 Ennore Police Station, Chennai.

(Crime No.45/2026) .. Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.45 of 2026 on the file of the respondent police.

For Petitioner :

Mr.M. Mohamed Riyas For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.02.2026 for the offences punishable under Section 310(4) of BNS in Crime No.45 of 2026 , registered on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that this petitioner joined hands with other accused and attempted to commit dacoity and they were found in possession of deadly weapons. Hence, the respondent police has registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and he is in judicial custody from 07.02.2026. He further submitted that the petitioner is ready to co-operate with the investigation and prays to grant bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner joined hands with other accused and attempted to commit dacoity and there are two previous cases pending against the petitioner and investigation is pending. Hence, he opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case; submissions made by both sides and even though there are two previous cases pending against the petitioner the same is of IPC offence and considering the period 2/5

of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner herein with certain conditions.

6. 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 each, for a like sum to the satisfaction of the learned Judicial Magistrate at Thiruvottriyur 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., for a period of three 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; 3/5

[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.

27.02.2026 smn To 1.The Judicial Magistrate at Thiruvottriyur.

2.The Inspector of Police, M-5 Ennore Police Station, Chennai.

3. The Central Prison, Puzhal-II 4.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

smn CRL.O.P.No.4938 of 2026 27.02.2026 5/5