Barath v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Barath ..Petitioner(s) Vs State rep by the Inspector of Police G1, Vepery Police Station, Chennai Cr.No.93 of 2026 ..Respondent(s) Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S. to enlarge the petitioner on bail pending investigation in Cr.No.93 of 2026 on the file of the respondent police.

For Petitioner(s):

M/s.S.Yakin Jebbaraj For Respondent(s):

Mr.R.Vinoth Raja Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.04.2026 for the offences punishable under Sections 126(2), 296(b), 115(2), 125, 309(6), 311 and 351(3) of BNS in Crime No.93 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner waylaid the defacto complainant and robbed a sum of Rs.500/- at knife point and also made criminal intimidation against him. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is under judicial custody since 09.04.2026. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prayed to grant bail to the petitioner. 4.The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the petitioner has nineteen previous cases registered against him. Hence, he vehemently opposed the grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record. 6.Considering the rival submissions made on either side, the nature of the offences charged against the petitioner, and the magnitude of amount involved in this case and also the fact that though the petitioner has previous cases, he has been enlarged on bail in those cases and considering the period of incarceration undergone by him, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 II Metropolitan Magistrate Court, Egmore, Chennai and on further conditions that: [b] the petitioner shall report before the Inspector of Police, Tiruttani Police Station daily at 10.30 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

13-05-2026 SMA 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. II Metropolitan Magistrate Court, Egmore, Chennai.

2. Inspector of Police G1, Vepery Police Station, Chennai

3. The Superintendent Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, Madras High Court.

P.DHANABAL, J.

SMA 13-05-2026