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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Akash .. Petitioner Vs.

State Rep By:

The Inspector of Police, Arcot Town Police Station, Ranipet District.

(Cr.No.230/2025) .. Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, to enlarge the petitioner on bail in pending investigation Crime No.230 of 2025 on the file of the respondent Police.

For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.05.2025, for the offence punishable under Sections 126(2), 296(b), 115(2), 118(1), 311 & 351(3) of Bharatiya Nyaya Sanhita, 2023, r/w 3 of PPDL Act, 1992 in connection with Crime No.230 of 2025 on the file of the respondent, seeks bail.

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2. The case of the prosecution is that the petitioner along with other accused are alleged to ahve threatened and grabbed Rs.16,100/- and ID card of the defacto complainant and also damaged his two wheeler. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person. He also submitted that the petitioner is in no way connected with the alleged offence.He further submitted that the petitioner has come forward to pay a sum of Rs.2500/- without prejudice to this rights. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner .

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner threatened and assaulted with stones and hands and grabbed Rs.16,100/- and ID card of the defacto complainant and also damaged his two wheeler worth about Rs.10,000/- and he is having 6 previous cases pending against him. Hence, he strongly opposed to grant bail to the petitioner .

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

6. Considering the facts and circumstances of the case, nature of allegation, submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioner and he is ready to deposit a sum of Rs.2500/- without prejudice to his rights, 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) each with two sureties, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Arcot, and on further conditions that:

[a]the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b]the petitioner shall report before the respondent Police daily at 10.30 a.m. for a period of three weeks; thereafter as and when required for further interrogation;

[c]The petitioner shall deposit a sum of Rs.2500/- (Rupees Two Thousand and Five Hundred only) to the credit of Crime No.230/2025 Page No.3 of 4

M.NIRMAL KUMAR.,J gv before the learned District Munsif cum Judicial Magistrate, Arcot. [d] the petitioner shall make herself available for interrogation by a Police Officer as and when required;

[e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, they shall comply to the directions as may be given by the Court in this regard;

[g]On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [h]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

Gv 17.06.2025 To:

1.The District Munsif cum Judicial Magistrate, Arcot. 2.The Inspector of Police, Arcot Town Police Station, Ranipet District. 3.The Superintendent, Central Jail, Vellore. 4.The Public Prosecutor, Madras High Court. Crl.O.P.No.16466 of 2025 Page No.4 of 4