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

Crl.O.P. No.16306 of 2025 K.GOVINDARAJAN THILAKAVADI, J.

This matter is posted today under the caption 'For Being Mentioned' at the instance of Mr. S.Thirugnanam, learned counsel appearing for the petitioner.

2. The learned counsel appearing for the petitioner submitted that on 28.05.2025, this Court had passed an order in this matter, wherein the name of the prison is mentioned as Central Prison, Chennai, in the "to address' instead of Central Prison, Puzhal, Chennai. Hence, he prayed to correct the said error.

3. Considering the submissions made by the learned counsel for the petitioner, the Registry is directed to correct the name of the prison as Central Prison, Puzhal, Chennai, and issue fresh order copy forthwith. 02.06.2025 bga Note: Issue order copy on 02.06.2025

K.GOVINDARAJAN THILAKAVADI, J.

bga Crl.O.P. No.16306 of 2025 02.06.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI Crl.OP.No.16306 of 2025 Gurunathan ... Petitioner(s) /Accused Vs.

State represented by the Inspector of Police, Oragadam Police Station, Kancheepuram District.

... Respondent(s)/ Complainant Crime No.72 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.72 of 2025 on the file of the respondent police.

For petitioner(s) : Mr.S.Thirugnanam For Respondent(s) : Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 27.02.2025, seeking bail in Crime No.72 of 2025 registered for the offences under Sections 310(2) and 311 of BNS, 2023.

2. The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant and snatched his two gold rings and also robbed a sum of Rs.15,000/- from him. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that petitioner is in custody from 27.02.2025 and in any case, further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, submitted that, apart from this case, petitioner has other previous case and in that case, he is on bail. He further submitted that the stolen jewels have been recovered.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering the nature of allegation; the period of incarceration; the fact that the stolen property has been recovered; petitioner is on bail in other

case and since further custody 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 Judicial Magistrate, Katpadi, Vellore, Vellore District, and on further conditions that: [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 for a period of two months and thereafter, as and when required for interrogation until further orders;

[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 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];

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

28.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No rkp/ata 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. Judicial Magistrate, Katpadi, Vellore, Vellore District.

2. The Superintendent of Prison, Central Prison, Chennai.

3. The Public Prosecutor, Madras High Court, Chennai.

4. Inspector of Police,

Oragadam Police Station, Kancheepuram District.

K. GOVINDARAJAN THILAKAVADI, J.

rkp/ata Crl.OP.No.16306 of 2025 28.05.2025