Rishikesh v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10399 of 2025 Rishikesh S/o. Thangarasu ... Petitioner/Accused-3 Vs.

State represented by The Inspector of Police, Salem Town Crime Police Station.

Salem ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail, in connection with the Crime No.3 of 2025, on the file of the respondent Police.

For Petitioner : Mr. R. Loganathan 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 02.03.2025, seeking bail in Crime No.3 of 2025 registered for the offences punishable under Sections 309(4) and 311 of BNS, 2023.

2. The case of the prosecution is that, on 01.03.2025, the petitioner along with the other accused robbed Rs.1,000/- from the de facto complainant at knife point and thus committed the aforesaid offence.

3. The learned counsel for the petitioner submitted that the allegations against the petitioner are false; that the petitioner is not involved in the said offence and that in any case, further custody of the petitioner is not required and prayed that the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner has one previous case and that the co-accused was arrested and released on bail. 2/6

5. Considering, the period of incarceration, that the petitioner is on bail in the previous case; that the co-accused was arrested and released on bail and that 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 two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate I, Salem, 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; [c] the petitioner shall not abscond either during investigation or trial;

3/6

[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.

07.04.2025 bga 4/6

To

1. The Judicial Magistrate I, Salem

2. The Inspector of Police, Salem Town Crime Police Station.

Salem

3. The Superintendent, Central Prison, Salem.

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

SUNDER MOHAN., J.

bga Crl.O.P.No.10399 of 2025 07.04.2025 6/6