Garika Emmanuel v. State Rep By The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-07-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR 1.Garika Emmanuel
2. Shankar Parta Petitioners Vs State rep by the Sub Inspector of Police B-1, Siva Kanchi Police Station, kancheepuram Cr.No.169/2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Cr.No.169 of 2025 is pending on the file of Siva Kanchi Police station, Kancheepuram For Petitioner(s):
M/s.V.Vanamalli For Respondent(s):
Mr.R.Vinothraja Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 24.05.2025, seeking bail in Crime No.169 of 2025 registered for the offence under Sections 303(2) of BNS, 2023.
2. The case of the prosecution is that the petitioner waylaid the defacto complainant and snatched his cell phone worth about Rs.15,000/-. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that the allegations are false; that the petitioners are in custody from 24.05.2025 and further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioners.
4. Learned Government Advocate (Crl.Side) reiterated the prosecution
case and submitted that the petitioners have no previous cases.
5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering, the nature of allegations; period of incarceration; the fact that the petitioners have no bad antecedents and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on their 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 Judicial Magistrate No.1, Kancheepuram and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book
to ensure their identity;
[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required; [c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 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.State rep by the Sub Inspector of Police B-1, Siva Kanchi Police Station, kancheepuram Cr.No.169/2025 2.The Judicial Magistrate No.I, Kancheepuram.
3. The Superintendent, Puzhal Jail, Chennai
4. The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 18534 of 01-07-2025