Saravanan @ Saravanakumar v. The State Rep By Its The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Saravanan @ Saravanakumar ... Petitioner
Versus
The State Rep By, The Inspector of Police, Kelambakkam Police Station, Chengalpattu District.
(Crime No.176 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.176 of 2025 on the file of the respondent police. For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor *****
ORDER
The petitioner, who was arrested and remanded to judicial custody on 23.05.2025, for the offence punishable under Section 309(4) of BNS Page No.1 of 6
in connection with Crime No.176 of 2025, registered on the file of the respondent, seeks bail.
2. The contention of the learned counsel for the petitioner is that while the defacto complainant and his friends were came to their residence, the petitioners along with other accused are said to have waylaid the defacto complainant and his friends, attacked them with knife and robbed two of their cellphones. He further submits that the coaccused was granted bail by the trial court in Crl.M.P.No.1578 of 2025 dated 12.06.2025. Therefore, he prays for grant of bail to the petitioner.
3. Learned Additional Public Prosecutor submitted that the petitioner and other accused have waylaid the defacto complainant and his friends, attacked them with knife and robbed two of their cellphones. He further submitted that the petitioner has involved in four other previous cases including NDPS Act cases. Therefore, he opposed for grant of bail to the petitioner.
4. Heard both sides and perused the materials available on record. Page No.2 of 6
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 District cum Judicial Magistrate Court at Tiruporur 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, everyday at 10.30 a.m., for a period of three weeks except on the date he appears before the trial Court for hearing and thereafter, as and when required for further interrogation;
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[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 defacto 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. 25.06.2025 sp Page No.4 of 6
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 cum Judicial Magistrate Court, Tiruporur.
2.The Inspector of Police, Kelambakkam Police Station, Chengalpattu District.
3.The Superintendent, Central Prison, Puzhal.
4.The Public Prosecutor, High Court, Madras.
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M.NIRMAL KUMAR, J.
sp 25.06.2025 Page No.6 of 6