Idayathulla v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Idayathulla

...Petitioner/Accused

Vs.

State rep by The Sub Inspector of Police, F-5, Choolaimedu Police Station (Crime), Chennai - 600 094.

(Crime No.33 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.33 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.S.Ramachandran For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 01.02.2025, seeking bail in Crime No.33 of 2025 registered for the offence under Sections 303(2) of BNS, 2023.

2.It is the case of the prosecution that the petitioner, who is doing scrap business, along with the other accused had committed theft of a scooter bearing Registration No.TN-18-AQ-8085 belonging to the defacto complainant. Hence, the case.

3.The learned counsel for the petitioner would submit that the allegations are false; that co-accused has been granted bail by this Court in Crl.O.P.No.6779 of 2025 on 10.03.2025; and that in any case, considering the period of incarceration from 01.02.2025, the petitioner may be released on bail.

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4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are two previous cases pending against the petitioner and he is on bail in all the previous cases and the property has not been recovered.

5.Considering the nature of allegations, period of incarceration, the fact that the similarly placed co-accused was granted bail by this Court in Crl.O.P.No.6779 of 2025 on 10.03.2025, the fact that the petitioner is on bail in the previous cases and 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 XVII Metropolitan Magistrate, Saidapet, Chennai, and on further conditions that:

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[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];

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

20.03.2025 ata Page No.4 of 6

Copy to:

1.The Sub Inspector of Police, F-5, Choolaimedu Police Station (Crime), Chennai - 600 094.

2.The XVII Metropolitan Magistrate, Saidapet, Chennai. 3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

ata 20.03.2025 Page No.6 of 6