N.Sathish @ Sathish Kumar v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN N.Sathish @ Sathish Kumar ... Petitioner/A2 Vs.
State represented by, The Inspector of Police, B-5, Walajabad Police Station, Kanchipuram District.
(Crime No.131 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.131 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.B.Hariharan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 04.04.2025, seeking bail in Crime No.131 of 2025 registered for the offence under Sections 1/6
309(4), 311, 309(6), 312 of BNS.
2. The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant and demanded rowdy mamool; that when the same was refused, petitioner assaulted the defacto complainant using iron rod, snatched one silver anklet and cash of Rs.160/- from his pocket and also withdrew a sum of Rs.30,000/- by using his ATM card. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that the similarly placed coaccused was granted bail by this Court in Crl.O.P.No.11982 of 2025 on 28.04.2025; that the petitioner is in custody from 04.04.2025 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 reiterated the prosecution case and submitted that a sum of Rs.5,000/- was recovered from the accused and that there is a previous 2/6
case pending against the petitioner and he is on bail in that case. He also confirmed the fact that the co-accused was released on bail.
5. Heard the learned counsel on either side and perused the materials available on record.
6. Considering the nature of allegation; the 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.11982 of 2025 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.
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 learned Judicial Magistrate Court No.II, Kanchipuram and on further conditions that:
[a] the sureties shall affix their photographs 3/6
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 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. 29.04.2025 ata 4/6
To
1. Judicial Magistrate Court No.II, Kanchipuram.
2. The Inspector of Police, B-5, Walajabad Police Station, Kanchipuram District.
3. The Superintendent, Central Jail, Vellore.
4. The Public Prosecutor, High Court of Madras.
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SUNDER MOHAN., J.
ata 29.04.2025 6/6