Thiresh v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Thiresh ... Petitioner/A2 Vs.

The State rep by The Inspector of Police, N-2 Kasimedu Police Station.

Crime No.255 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.255 of 2025 on the file of the Respondent police. For Petitioner :

Mr.R.Kamesh For Respondent :

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

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 06.06.2025, for the offences punishable under Sections 126(2), 296(b), 115(2), 309(4), 311 and 351(3) of BNS, 2023 in connection with Crime No.255 of 2025, 1/6

registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused waylaid the de-facto complainant and robbed a sum of Rs.800/- at knife point. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that in this case totally there are 3 accused, A3 was arrested and granted bail. He further submitted that the petitioner has got 8 previous cases.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made on either side and the period of 2/6

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 XVI Metropolitan Magistrate, George Town, 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 respondent Police everyday at 10.30 a.m., until further orders;

[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 3/6

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. 08.07.2025 rsi 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 4/6

1.The XVI Metropolitan Magistrate, George Town, Chennai.

2.The Inspector of Police, N-2 Kasimedu Police Station.

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

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rsi 08.07.2025 6/6