Tamilarasan v. State Rep.By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Tamilarasan ... Petitioner Vs.

The State represented by, The Inspector of Police, N4 Fishing Harbour Police Station, Chennai.

(Crime No.75 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.75 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.G.Ezhilbalaji For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who were arrested and remanded to judicial custody on 12.02.2025, seeking bail in Crime No.75 of 2025 registered for the offence under Sections 126(2), 296(b), 311 & 351(3) of BNS 2023 equivalent to 341, 294(b), 397 & 506(ii) of IPC. 1/5

2. The case of the prosecution is that the petitioner waylaid the defacto complainant and robbed a sum of Rs.300/- at knife point. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner is false; that petitioner is in custody from 12.02.2025 and in any case, 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, submitted that, apart from this case, petitioner has previous cases and in those cases, petitioner is on bail.

5. Considering the nature of allegation; the period of incarceration; petitioner is on bail in other cases and 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 2/5

two sureties, each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, George Town, Chennai 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];

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

14.03.2025 Sma To

1. XVI Metropolitan Magistrate, George Town, Chennai.

2.The Inspector of Police, M.M.Colony Police Station, Tiruvallur District.

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

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 14.03.2025 5/5