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Madras High CourtCRL OP/16117/2025granted

Vasanthakumar v. State Rep.By, The Inspector Of Police,

2025-05-28Honourable Mrs Justice K. Govindarajan Thilakavadi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.05.2025

CORAM

THE HON'BLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI CRL OP NO. 16117 of 2025

1. Vasanthakumar, M/21 years, S/o Senthur Murugan

2. Nethaji, M/29 years S/o Alagu Ramaiya

3. Athilingam, M/18 years S/o Sakthivel

4. Karthikeyan, M/ 38 years S/o Rajendran ... Petitioners Vs The State Rep.by, The Inspector of Police, M6 Manali Police Station, Chennai.

... Respondent (Crime No.200 of 2025) PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioners on bail, in Crime No.200 of 2025 on the file of the respondent Police.

For Petitioners : Mr.R.Anbazhagan For Respondent : Mr.L.Baskaran Government Advocate (crl.side) 1/6

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 17.05.2025 for the alleged offence punishable under Sections 126(2), 296(b), 309(4), 311 and 351(3) of BNS Act, 2023 in Crime No.200 of 2025, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners wrongly fully restrained the de-facto complainant and robbed a sum of Rs.15,000/- from him. Hence the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are no way connected to the said allegation and they are innocent persons. He would further submit that the petitioners were arrested and he is in judicial custody from 17.05.2025 and they are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police while opposing to grant bail to the petitioners, reiterated 2/6

the case of the prosecution. He further submitted that s um of Rs.700/- has been recovered from the first accused. He also contended that A1 is having one previous case and A2 to A4 have no previous case.

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

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioners, and also considering all others factors, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thiruvottiyur and on further conditions that:- [a] the petitioners jointly shall deposit a sum of Rs.10,000/- to the credit of Crime No.200 of 2025 before the Judicial Magistrate Court, 3/6

Thiruvottiyur. The said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. The Magistrate/Judge, after perusing the challan/receipt, shall accept the sureties furnished by the petitioners; [b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the concerned Magistrate/Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of two months and thereafter, as and when required. [d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial; [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; 4/6

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 28.05.2025 mst 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, Thiruvottiyur.

2. The Inspector of Police, M6 Manali Police Station, Chennai.

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

4.The Public Prosecutor, High Court of Madras.

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K.GOVINDARAJAN THILAKAVADI, J.

mst Crl.O.P.No.16117 of 2025 28.05.2025 6/6