Akash (A4) v. The State Rep. By The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Akash Petitioner Vs The State Rep. by the Station House Officer, Neyveli Thermal Police Station, Cuddalore District. (In crime No.86 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.86 of 2025 on the file of the respondent police station. For Petitioner:

Mr.M.Ragul Kousik For Respondent:

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.06.2025, for the offences punishable under Section 115(2), 118(1), 126(2), 127(2), 140(2), 296(b), 309(6), 324(4) and 351(3) of BNS, 2023 in connection

with Crime No.86 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused snatched the defacto complainant's mobile and transferred a sum of Rs.40,000/- through g-pay account and also threatened him with dire consequences. Hence, the case.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. He also submit that co-accused were granted bail by this Court in Crl.O.P.No.18516 of 2025 dated 27.06.2025. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case.

5. Heard both sides and perused the materials available on record. 6.Considering the nature of allegations and the period of incarceration undergone by the petitioner, 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) with two sureties, each for a like sum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Neyveli, 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 appear before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter 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 Kerala [(2005)13 SCC 283];

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

01-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

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 State Rep. by the Station House Officer, neyveli thermal police station, cuddalore district. (In crime No.86 of 2025) 2.The District Munsif-Cum-Judicial Magistrate, Neyveli.

3.The Superintendent, Central Jail, Cuddalore.

4.The Public Prosecutor, High Court of Madras

M.NIRMAL KUMAR J.

gbi CRL OP No. 18587 of 01-07-2025