S.Karan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR S.Karan ... Petitioner/A2 Vs.

State rep. by The Inspector of Police, R2 Kodambakkam Town Police Station, Chennai District.

(Crime No.41 of 2025).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/Accused on bail in Crime No.41 of 2025 on the file of the respondent police station For Petitioner :

Mr.P.Sundara Rajan For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 03.04.2025, for the offences punishable under Sections 126(2), 296(b), 115(2), 309(4) and 351(3) of BNS, 2023 in connection with Crime No.41 of 2025, 1/6

registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused robbed the de-facto complainant's Two Wheeler and one cell phone. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the co-accused/A1, A3 and A5 were granted bail by the Principal Sessions Court, Chennai. Hence, the custodial interrogation of the petitioner is not required and he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that in this case totally there are five accused, petitioner is arrayed as A2. The co-accused/A4 is still in jail. The other accused/A1, A3 and A5 were granted bail by the Principal Sessions Court, Chennai.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the submissions made by the learned counsels on either side and the fact that co-accused/A1, A3 and A5 were already granted bail by the Principal Sessions Court, Chennai and since, custodial interrogation of the petitioner is not required, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XVII Metropolitan Magistrate, Saidapet, Chennai, and on further conditions that: [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 respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause 3/6

any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 11.06.2025 rsi 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 4/6

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 XVII Metropolitan Magistrate, Saidapet, Chennai.

2.The The Inspector of Police, R2 Kodambakkam Town Police Station, Chennai District.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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