Pritham v. The State Rep. By, The Inspector Of Plolice

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.05.2025

CORAM

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P. No.14596 of 2025 Pritham ..Petitioner/ Accused-2 /versus/ The State Rep.by The Inspector of Police, Avadi Tank Factory Police Station, Tiruvallur District. .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 483 of BNSS Act pleased to enlarge this petitioner on bail in connection with Crime No.210 of 2025 on the file of the respondent police. For Petitioner : Mr.D.Senthil For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side) ******

O R D E R

Petition seeking bail in connection with Crime No.210 of 2025 registered for the alleged offences punishable under Section 309(6) of BNS Act and 394 of IPC is on board for consideration. 2.

The case of the prosecution is that the petitioner, along with the other co-accused, attempted a waylaid robbery, pushed the defacto complainant from the two-wheeler, snatched Rs. 20,000/- from his pocket, and escaped from the scene of occurrence.

3.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The accused A2 and A3 are the juveniles and the petitioner is in the judicial custody from 13.04.2025 and he is ready to abide by any stringent conditions, that may be imposed by this Court and prayed for bail to the petitioner.

4.

The learned Government Advocate (Criminal Side), appearing for the respondent, submitted upon instruction that the petitioner along with

other accused attempted a waylaid robbery, pushed the defacto complainant from the two-wheeler, snatched Rs. 20,000/- from his pocket. He further submitted that there is no previous case against the petitioner and the accused 2 and 3 are juveniles. The case property has not been recovered. 5.

Taking into consideration the facts and circumstances of the case, considering the nature of allegation against the petitioner, the submissions made by the learned counsels on either side and taking note of the fact that the period of incarceration undergone by the petitioner and the petitioner is not having any previous case, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail with the following stringent conditions:

(1) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Ambattur;

(2) The petitioner shall appear before the respondent police as and when required for interrogation.

(3) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Metropolitan Magistrate shall obtain a copy of any one of identity

proofs to ensure their identity;

(4) The petitioner shall make himself available for interrogation by a Police Officer as and when required;

(5) The petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses;

(6) 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;

(7) On breach of any of the aforementioned conditions, the learned Metropolitan Magistrate is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283].

(8) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

14.05.2025 ari/ stn 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 official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate Court, Ambattur.

2.The Inspector of Police, Avadi Tank Factory Police Station, Tiruvallur District. Crime No.210 of 2025 3.The Superintendent, Central Prison, Puzhal, Chennai. 4.The Public Prosecutor, High Court, Madras.

M. NIRMAL KUMAR, J.

ari/ stn Crl.O.P. No.14596 of 2025 14.05.2025