Ashok @ Ashok Kumar v. State Rep 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 Ashok@ Ashok Kumar S/o. Sekar ... Petitioner/Accused Vs.
The State represented by, The Inspector of Police, P5, MKB Nagar Police Station, Chennai.
(Crime No.171 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 petitioner in Crime No.171 of 2026 on the file of the respondentpolice. For Petitioner :
Mr.P.Krishna Moorthy For Respondent :
Mr.L.Baskaran Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on 11.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
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2.
The petitioner/Accused, was arrested and remanded to judicial custody on 02.04.2026 for the alleged offences punishable under Sections 126(2), 296(b), 115(2), 311 and 351(3) of BNS, 2023, in Crime No.171 of 2026 on the file of the respondent-police. 3.
The case of the prosecution is that on 02.04.2026 at about 08.00 a.m., the de facto complainant reported that on 01.04.2026, at about 11.00 p.m., the petitioner waylaid him and by abusing him in filthy language, and threatening him with dire consequences, robbed a sum of Rs.300/- from him at knife point. Based on this, the present complaint was lodged and the aforesaid case has been registered. 4.
Mr.P.Krishna Moorthy, the learned counsel for the petitioner, submits that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He further submits that since the petitioner has several previous cases, the present case has been registered against him solely to harass him. He also submits that the petitioner has been granted bail in the earlier cases. He, however, submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He, therefore, prays for the grant of bail to the petitioner. 2/7
5.
Per contra, Mr.L.Baskaran, the learned Government Advocate (Criminal Side) appearing for the respondent-police submits that the petitioner/accused waylaid the de facto complainant and robbed a sum of Rs.300/- 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 the petitioner/accused. He also submits that the petitioner is a 'C' category history-sheeted rowdy with 15 previous cases. Hence, he opposes the grant of bail to the petitioner 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 petitioner was arrested on 02.04.2026. The petitioner has permanent residence and that though the petitioner has several previous cases, he was granted bail in those cases. Considering the same and taking note of the facts and cumulative circumstances of the case and the offences alleged against the petitioner, this Court is of the view that one more opportunity may be given to the petitioner to reform himself. 3/7
Hence, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned X Metropolitan Magistrate, Egmore. (ii) 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 X Metropolitan Magistrate, Egmore shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioner shall appear and sign before the respondent-police daily at 10.30 a.m. until further orders. (iv) The petitioner shall furnish his residential address and mobile numbers to the learned X Metropolitan Magistrate, Egmore. (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023.
(vi) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(vii) The petitioner 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. 4/7
(viii) The petitioner shall also not directly or indirectly, cause any threat to the defacto complainant, victims, and witnesses. (ix) The petitioner shall not enter into the de facto complainant's house or his work place.
(x) The petitioner shall not try to contact the de facto complainant, victims, and witnesses either directly or through any electronic mode.
(xi) On breach of any of the aforementioned conditions, the X Metropolitan Magistrate, Egmore, or Trial Court is entitled to pass appropriate orders against the petitioner 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 5/7
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.
To 1.
The X Metropolitan Magistrate, Egmore, 2.
The Superintendent of Prisons, Central Prison - II, Puzhal.
3.
The Inspector of Police, P5, MKB Nagar Police Station, Chennai.
4.
The Public Prosecutor, Madras High Court.
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R.SAKTHIVEL,J ham Order made in 20.05.2026 7/7