Elavarasan v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.8117 of 2025 Elavarasan (M/A 31) S/o. Babu ... Petitioner/Accused Vs.

State represented by The Inspector of Police, K-2, Ayanavaram Police Station Chennai ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail, in connection with the Crime No.94 of 2025, on the file of the respondent Police.

For Petitioner : Mr. R. Muthukumar For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/6

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 04.03.2025, seeking bail in Crime No.94 of 2025 registered for the offences punishable under Sections 126(2), 296(b), 115(2), 125, 311, 324(2) and 351(3) of BNS.

2. The case of the prosecution is that the petitioner along with the two other accused waylaid the defacto complainant and robbed Rs.400/- from him at knife point, Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent; that the petitioner is no way connected with the alleged offence and that he has been falsely implicated in this case. He further submitted that, in any case, the petitioner is in custody from 04.03.2025 and that since further custody of the petitioner is not required for the purpose of investigation, he may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and submitted that there are two previous cases against the 2/6

petitioner.

5. Considering the nature of allegations, the period of incarceration and that since further custody of the petitioner 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 two sureties, each for a like sum to the satisfaction of the learned Metropolitan Magistrate V, Egmore, 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., until further orders; 3/6

[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];

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

19.03.2025 bga 4/6

To

1. The Metropolitan Magistrate V, Egmore

2. The Inspector of Police, K-2, Ayanavaram Police Station Chennai

3. The Superintendent, Central Prison, Puzhal, Chennai

4. The Public Prosecutor, High Court of Madras. 5/6

SUNDER MOHAN., J.

bga Crl.O.P.No.8117 of 2025 19.03.2025 6/6