Rishi @ Rishikesh v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Rishi @ Rishikesh ... Petitioner Vs.

The State represented by The Inspector of Police, F-5, Choolaimedu Police Station, Chennai.

Crime No.290 of 2019 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.290 of 2019 on the file of the respondent. For Petitioner :

Mr.K.Vignesh For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 13.05.2025, for the offence punishable under Section 294 (B), 324, 506 (ii) of I.P.C, in Crime No.290 of 2019, registered on the file of the respondent, seek bail.

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2.Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in C.C.No.290 of 2019 on the file of the learned XVII Metropolitan Magistrate, Saidapet. He further submitted that since the petitioner was under judicial custody in another Cr.No.401 of 2025, and bail was granted in C.M.P.No.462 of 2025 on the file of the learned Judicial Magistrate, Thiruporur, he was unable to appear before the trial Court, and he was issued with the non-bailable warrant on 07.02.2025 and pursuant to the same, he was arrested on 13.05.2025. He also submitted that the petitioner will undertake that hereafter he will regularly appear before the trial court on all hearing dates and also stated that he is prepared to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner. 3.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioner.

4. Heard both sides and perused the materials available on record. 2/7

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.

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 XVII Metropolitan Magistrate, Saidapet 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 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 3/7

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 Kerala [(2005)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18.06.2025 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 4/7

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.XVII Metropolitan Magistrate, Saidapet Chennai, 2.The Inspector of Police, F-5, Choolaimedu Police Station, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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