Pradep Alias Gullu v. The State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Pradeep @ Gullu ... Petitioner(s) /Accused Vs.

The State rep. by Inspector of Police, E-3, Teynampet Police Station, Chennai - 18.

... Respondent(s)/ Complainant Crime No.122 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in Crime No.12 of 2025 pending investigation on the file of the respondent/ complainant. For petitioner(s) : Mr.K.Karthikeyan For Respondent(s) : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

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This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 16.03.2025, seeking bail in Crime No.122 of 2025 registered for the offences under Sections 126(2), 296(b), 125, 324(2), 309(4), 311 and 351(3) of BNS and Section 25(1)(a) of the Arms Act, 1959.

2. The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant and robbed a sum of Rs.2,800/- from him and also abused in filthy language. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that petitioner is in custody from 16.03.2025 and in any case, further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, submitted that, apart from this case, petitioner has other previous cases and in those cases, he is on bail. Page No.2 of 8

5. Considering the nature of allegation; the period of incarceration; the fact that the petitioner is on bail in other cases and 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 XVIII Metropolitan Magistrate, Saidapet, 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;

[c] the petitioner shall not abscond either during Page No.3 of 8

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. 23.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Page No.4 of 8

Internet: Yes/No skr Page No.5 of 8

To

1. Inspector of Police, E-3, Teynampet Police Station, Chennai - 18.

2. The Public Prosecutor, Madras High Court, Chennai.

3. Learned XVIII Metropolitan Magistrate, Saidapet

4. The Superintendent of Prison, Central Prison-II, Puzhal, Chennai.

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SUNDER MOHAN, J.

skr Page No.7 of 8

23.04.2025 Page No.8 of 8