Stephan v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HON'BLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI Crl.O.P.No.16161 of 2025 Stephan .. Petitioner/Accused Vs.

The State rep by The Inspector of Police, P1, Pulianthope Police Station, Chennai.

(Crime No.191 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.191 of 2025 on the file of the respondent Police.

For Petitioner : Mr.N.Naresh For Respondent : Mr.L.Baskaran Government Advocate(Crl.Side) Page No.1 of 6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.05.2025 for the offences punishable under Sections 126(2), 296(b), 115(2), 311, 351(3) of BNS, 2023, in Crime No.191 of 2025, seeks bail. 2.The case of the prosecution is that the petitioner along with the other accused waylaid the defacto complainant, abused him in filthy language, assaulted him with hands and robbed Rs.550/- at knife point. Hence, the case.

3.The learned counsel for the petitioner would submit that the allegations are false. He would further submit that the petitioner is in custody from 09.05.2025 and hence, further custody is not required. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and sought for bail. Page No.2 of 6

4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner has four previous cases and he is on bail in those cases and that the amount has not been recovered.

5.Heard the learned counsel on either side and perused the materials available on record.

6.Considering the nature of allegations, the period of incarceration, the fact that the petitioner is on bail in the previous cases and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions: 7.Accordingly, the petitioner is ordered to be released on bail on his 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 X Metropolitan Magistrate, Egmore, Chennai - 8, and on further conditions that:

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[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two months and thereafter, as and when required for investigation.

[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned 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];

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

28.05.2025 ata/rkp Page No.4 of 6

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 Inspector of Police, P1, Pulianthope Police Station, Chennai.

2.Central Prison, Puzhal, Chennai - 66.

3.The X Metropolitan Magistrate, Egmore, Chennai - 8. 4.The Public Prosecutor, Madras High Court, Chennai.

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K. GOVINDARAJAN THILAKAVADI , J.

ata/rkp Crl.O.P.No.16161 of 2025 28.05.2025 Page No.6 of 6