Mukesh v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2025

CORAM

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

The State represented by The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

Crime No.864 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.864 of 2025 on the file of the respondent. For Petitioner :

M/s.Illiyas For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 28.05.2025, for the offence punishable under Section 296 (b), 115 (2), 311, 351 (3) of BNS, 2023, in Crime No.864 of 2025, registered 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 waylaid the defacto-complainant and robbed Rs.750 from him at knife point and abused him using filthy language. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 28.05.2025 and hence, further custody of the petitioner is not required Hence, he prayed for grant of bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that petitioner has no bad antecedents. However, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances of the case, the submission of learned counsels on both sides and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with 2/7

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 learned XV Metropolitan Magistrate, George Town, Chennai 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., till the date of filing of the charge sheet; thereafter report before the trial Court on all hearing dates without fail;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if 3/7

required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.06.2025 ep 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.

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To 1.XV Metropolitan Magistrate, George Town, Chennai.

2.The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

3.The Central Prison.

Puzhal.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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