Raji @ Pakku Raj v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Raji @ Pakku Raj

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, D-3, Ice House Police Station, Chennai.

(Crime No.57 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.57 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.Y.Rahul For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 10.02.2025, seeking bail Page No.1 of 6

in Crime No.57 of 2025 registered for the offence under Sections 331(4) and 305(a) of BNS, 2023.

2.It is the case of the prosecution that on 08.02.2025 at about 8.00 p.m., while the defacto complainant was sleeping in his balcony by keeping his mobile phone beside him, the petitioner had committed theft of the mobile phone. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent; and that the petitioner is in custody from 10.02.2025 and hence, further custody of the petitioner is not required and sought for bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are 19 previous cases against the petitioner, out of which 11 have been disposed of and he is on bail in those cases and that the stolen article has been recovered. Page No.2 of 6

5.Heard the learned counsel on either side and perused the materials available on record.

6.Considering the nature of allegations, period of incarceration, the fact that the stolen article has been recovered, 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.

7.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 II Metropolitan Magistrate, Egmore, 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; Page No.3 of 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.

15.04.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, D-3, Ice House Police Station, Chennai.

2.The II Metropolitan Magistrate, Egmore, Chennai. 3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 15.04.2025 Page No.6 of 6