Sathish v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR
1. SATHISH s/o.Mohanlal, No.801, kumharo kavas, keshwana, Jalor, Rajasthan - 343 001.
2. Rajesh s/o.Mohanlal, No.125A, Anna Pillai street, Sowcarpet, Chennai-600001.
Petitioner(s) Vs
1. The State Rep. by the Inspector of Police, F-1, Chintadaripet Police Station, Chennai. (Crime No.234/2025).
Respondent(s) PRAYER: This Criminal Original Petition is filed to enlarge the petitioner on bail in Crime.No.234 of 2025 on the file of respondent police. For Petitioner(s):
Mr.M.Nagaraj For Respondent(s):
Public Prosecutor
ORDER
Petition seeking bail in respect of Crime No.234 of 2025 registered for the alleged offences punishable under Sections 306 and subsequently altered to Sections 306, 317(2) of BNS Act, is on board for consideration. 2.
The case of the prosecution is that the petitioner an employee of Pooja Traders godown, stole goods and sold them to petitioners. When confronted, they admitted to the theft, and when asked to return the goods or money, they threatened the defacto complainant with dire consequences. Hence, the case.
3.
The learned counsel appearing for the petitioners submitted that the petitioners are innocent, they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution; that the petitioners have been arrested and remanded to judicial custody on 24.04.2025. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and ready to co-operate for the
investigation and prayed for bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the accused stole the goods from the defacto complainant's Godown worth about Rs.18,25,000/- and opposed for grant of bail to the petitioners.
5. Taking into consideration the facts and circumstances of the case, the stage of investigation, the submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail with the following conditions:
(1) Each of the petitioners shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) to the credit of Crime No.234 of 2025 before the learned Magistrate concerned and on such deposit, the learned Magistrate concerned shall re-deposit the same to any of the Nationalized bank under interest bearing scheme and disburse the same, at the time of completion of the trial or if any
settlement arrived between the parties;
(2) Each of the petitioners 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 XIV Metropolitan Magistrate, Chennai along with the proof of deposit of Rs.1,50,000/- to the Credit of Crime No.234 of 2025.
(3) The petitioners shall report before the respondent police every day at 10.30 a.m., until further orders:
(4) 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;
(5) The petitioners shall make himself available for interrogation by a Police Officer as and when required;
(6) The petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses;
(7) The petitioners 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;
(8) 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].
(9) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
14-05-2025 Jai 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 State Rep. by the Inspector of Police, F-1, Chintadaripet Police Station, Chennai. (crime no.234/2025).
2. The XIV, M.M. Court, Egmore, Chennai.
3. The Superintendent, Central Prison-II, Puzhal.
4. The Public Prosecutor, Madras High Court, Chennai.
M.NIRMAL KUMAR J.
jai CRL OP No. 14970 of 14-05-2025