Raja @ Raja Bhai v. State, Represented By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.05.2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1.
Raja @ Raja Bhai S/o. Venkatesan 2.
Suresh S/o.Karunagaran 3.
Saravanan S/o. Murugan 4.
Arun S/o. Peter Raj ... Petitioners/A1, A3, A5 & A7 Vs.
The State represented by, The Inspector of Police, E-3, Teynampet Police Station, Chennai.
(Crime No.109 of 2026) ... Respondent /Complainant PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioners in Crime No.109 of 2026 on the file of the respondentpolice. For Petitioners :
Mr.M.Shimiyon Edwin For Respondent :
Mr.L.Baskaran Government Advocate (Criminal Side) 1/8
ORDER
This Criminal Original Petition has been filed by the petitioners on 11.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
2.
The petitioners, who are respectively arrayed as A1, A3, A5 and A7, were arrested and remanded to judicial custody on 11.04.2026 for the alleged offences punishable under Sections 191(2), 191(3), 126(2), 296(b), 309(4), 311 and 351(3) of BNS, 2023, in Crime No.109 of 2026 on the file of the respondent-police.
3.
The case of the prosecution is that on 08.04.2026 at about 07.30 a.m., the de facto complainant reported that earlier that day, at about 05.00 a.m., the petitioners, along with three other accused, waylaid him, abused him in filthy language, threatened him with dire consequences and robbed a sum of Rs.3000/- from him at knife point. Based on this, the present complaint was lodged and the aforesaid case has been registered.
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4.
Mr.M.Shimiyon Edwin, the learned counsel for the petitioners, submits that the petitioners are innocent and have not committed any offence as alleged by the prosecution. He further submits that since the petitioners have several previous cases against them, the present case has been registered solely to harass them. He also submits that the petitioners have been granted bail in the earlier cases. He, however, submits that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. He, therefore, prays for the grant of bail to the petitioners.
5.
Per contra, Mr.L.Baskaran, the learned Government Advocate (Criminal Side) appearing for the respondent-police submits that the accused waylaid the de facto complainant and robbed a sum of Rs.3000/- from him at knife-point. He further submits that the investigation in this case is still pending and the stolen money has been recovered from A1. He also submits that the petitioners are habitual offenders and 16 previous cases are pending against the first petitioner/A1, 17 cases are pending against the second petitioner/A3, 7 cases are pending against the third petitioner/A5 and 5 cases are pending against the fourth 3/8
petitioner/A7. Hence, he opposes the grant of bail to the petitioners and accordingly, he prays to dismiss the petition. 6.
Heard on both sides. This Court has perused all the materials available on record.
7.
The petitioners were arrested on 11.04.2026. The petitioners have permanent residence. Though the petitioners have several previous cases, they have been granted bail in those cases. Considering the same and taking note of the facts and cumulative circumstances of the case and the offence alleged against the petitioners, this Court is of the view that one more opportunity may be given to the petitioners to reform themselves. Hence, this Court is inclined to grant bail to the petitioners, subject to the following conditions:
(i) The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned XVIII Metropolitan Magistrate, Saidapet.
(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 4/8
annexed to 'The Criminal Rules of Practice, 2019']. The learned XVIII Metropolitan Magistrate, Saidapet shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioners shall appear and sign before the respondent-police daily at 10.30 a.m. until further orders. (iv) The petitioners shall furnish their residential address and mobile numbers to the learned XVIII Metropolitan Magistrate, Saidapet.
(v) The petitioners shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023.
(vi) The petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
(vii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (viii) The petitioners shall also not directly or indirectly, cause any threat to the defacto complainant, victims, and witnesses. (ix) The petitioners shall not enter into the de facto complainant's house or his work place.
(x) The petitioners shall not try to contact the de facto complainant, victims, and witnesses either directly or through any electronic mode.
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(xi) On breach of any of the aforementioned conditions, the XVIII Metropolitan Magistrate, Saidapet, or Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8.
Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra. 20.05.2026 ham Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.
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To 1.
The XVIII Metropolitan Magistrate, Saidapet, 2.
The Superintendent of Prisons, Central Prison Puzhal.
3.
The Inspector of Police, E-3, Teynampet Police Station, Chennai.
4.
The Public Prosecutor, Madras High Court.
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R.SAKTHIVEL,J ham Order made in 20.05.2026 8/8