Subash Chand Jain v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.17483 of 2025 Subash Chand Jain ... Petitioner Vs.
The State represented by The Inspector of Police, Neelankarai Police Station, Chennai.
Crime No.318 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.318 of 2025 on the file of the respondent. For Petitioner :
Mr.G.Rajagopalan (senior counsel) for M/s.G.R.ASsociates For Respondent :
Mr.A.Gokulakrishnan Additional Public Prosecutor For Intervenor :
Mr.S.Vijay
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 27.05.2025, for the offence punishable under Section 406 and 420 of I.P.C. in Crime No.318 of 2025, registered on the file of the respondent, seeks bail. 1/5
2.The learned counsel for the petitioner submitted that the case has been settled between the parties and they had entered into a memorandum of understanding dated 23.06.2025.
3.The learned counsel for the intervenor submitted that he has no objection for grant of bail to the petitioner.
4. Heard both sides and perused the materials available on record. 5.Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. Consequently, the memorandum of understanding dated 23.06.2025 shall form part and parcel of this order. 6.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 District Munsif Cum Judicial Magistrate, Sholinganallur, and on further conditions that:
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[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 respondent Police as and when required for interrogation; [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 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 3/5
Kerala [(2005)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 23.06.2025 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.
To 1.The District Munsif Cum Judicial Magistrate, Sholinganallur.
2.The Inspector of Police, Neelankarai Police Station, Chennai.
3.The Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras.
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G.K.ILANTHIRAIYAN , J.
ep Crl.O.P.No.17483 of 2025 23.06.2025 (1/2) 5/5