M. Srikanth v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN M. Srikanth ..Petitioner Vs State represented by Inspector of Police Mamallpuram Police Station, Chengalpattu District.

(Crime No.180/2022) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the above said P.R.C.No.37 of 2023 pending on the file of the Principal District and Session Judge, Chengapattu.

For Petitioner:

Mr.D.Dhanasekar For Respondent:

Mr.S.Vinoth Kumar, Govt Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.06.2025 for the alleged offence under Section 395 and 397 of Indian Penal Code, 1860 in Crime No.180 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 23.03.2022, the accused persons intercepted the defacto complainant and robbed Rs.500/- and a mobile phone at knife point and assaulted him. The petitioner failed to appear before the Court and NBW on 09.11.2023 was issued and he was secured on 05.06.2025. Hence, the case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been regularly appearing before the Court and only due to unavoidable circumstances he could not appear on one occasion and NBW was issued on 09.11.2023. It is further submitted that the petitioner has already been granted bail in connected cases. The learned counsel would further submit that the petitioner has been in incarceration since 05.06.2025. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner was secured only after two years pursuant to NBW issued on 09.11.2023 and that he has five previous cases. It is further submitted that the committal proceedings are completed and the case is ready for trial. Hence, he opposed to grant bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the submissions made by the learned counsel on both sides and taking into account the long incarceration of the petitioner since 05.06.2025 and the fact that the committal proceedings are complete and the trial is yet to commence, this Court is of the view that further incarceration of the petitioner is not required. Further, considering that the petitioner has already been granted bail in connected cases, this Court is inclined to grant bail, subject to certain conditions

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Principal District and Session Judge, Chengalpattu and subject to the following conditions:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the Trial Court concerned daily at 10.30 a.m. until further orders and no petition seeking relaxation of the above conditions shall be entertained within a period of ninety (90) days from the date of release of the petitioner.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

20-04-2026 NSL Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To:

1. The Principal District and Session Judge, Chengalpattu.

2. The Central Prison, Puzhal-II

3. The Inspector of Police, Mamallpuram Police Station, Chengalpattu District.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 20-04-2026