Ajith@ Sali Ajith v. State Rep.By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.15910 of 2025 1.Ajith @ Sali Ajith 2.Vijay @ Booka Vijay .. Petitioners Vs.

State Rep By:

The Inspector of Police, H-8, Thiruvottiyur Police Station, Thiruvottiyur, Chennai.

(Cr.No.698/2025) .. Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, to enlarge the petitioners on bail in pending investigation Crime No.698 of 2025 on the file of the respondent Police.

For petitioners : Mr.M.Dinesh For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 05.05.2025, for the offence punishable under Sections 126(2), 296(b), 115(2), 311 & 351(3) of Bharatiya Nyaya Sanhita, 2023, in connection with Crime No.698 of 2025 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioners along with other accused are alleged to have waylaid and threatened the defacto complainant and 1/4

also robbed Rs.600/- from the defacto complainant at knife point. Hence the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons. He also submitted that the petitioners are in no way connected with the alleged offence. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the amount robbed from the defacto complainant has been recovered and that A1 and A2 are having 12 and 4 previous cases of similar nature respectively against them. Hence, he strongly opposed to grant bail to the petitioners.

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

6. Considering the facts and circumstances of the case, nature of allegation, submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioners and they are ready to abide by any stringent condition, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners is ordered to be released on bail on his 2/4

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 Judicial Magistrate Court, Thiruvottiyur, Tiruvallur District, 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for further interrogation; [c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] 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; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid 3/4

M.NIRMAL KUMAR, J.

gv 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.

17.06.2025 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 the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate Court, Thiruvottiyur, Tiruvallur District, 2.The Inspector of Police, H-8, Thiruvottiyur Police Station, Thiruvottiyur, Chennai.

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

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.15910 of 2025 4/4