Sham @ Shyam v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sham @ Shyam
...Petitioner/Accused 3
Vs.
State rep by The Inspector of Police, Tiruvalangadu Police Station, Tiruvallur District.
(Crime No.51 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.51 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.A.Sasikumar 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 15.04.2025, seeking bail Page No.1 of 6
in Crime No.51 of 2025 registered for the offence under Section 309(2) of BNS, 2023.
2.It is the case of the prosecution that on 15.03.2025 at about 3.00 p.m., while the defacto complainant was returning home, the petitioner along with the other accused waylaid the defacto complainant, threatened him by showing knife and received Rs.6,000/- through G-pay and also snatched his silver bracelet, smart watch and ear buds. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent; that co-accused was granted bail by this Court in Crl.O.P.No.12322 of 2025 on 24.04.2025; and that the petitioner is in custody from 15.04.2025 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 as on date, Rs.3000/- was recovered from the accused and that there is a previous case pending against the petitioner and he is on bail in that case. He also confirmed the fact that the co-accused was granted bail by this Court.
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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 petitioner is on bail in the previous case, the similarly placed co-accused was granted bail by this Court in Crl.O.P.No.12322 of 2025 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 Judicial Magistrate, Tiruttani, 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; Page No.3 of 6
[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.
28.04.2025 ata Page No.4 of 6
Copy to:
1.The Inspector of Police, Tiruvalangadu Police Station, Tiruvallur District.
2.The Judicial Magistrate, Tiruttani.
3.The Superintendent of Prison, Central Prison, Puzhal. 4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
ata 28.04.2025 Page No.6 of 6