Anish v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Anish ... Petitioner/A1 Vs.

State Rep. By The Inspector of Police, Kelambakkam Police Station, Chennai.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.163 of 2025 on the file of the respondent police. For Petitioner :

Ms.R.Menaga 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 19.05.2025, for the offences punishable under Sections 309(6) @ 309(6), 310(2) and 311 of BNS in connection with Crime No.163 of 2025, registered on the file of the respondent, seeks bail.

2.The learned counsel for petitioner submitted that in the petition, 1/6

Crime Number has been wrongly typed as 'Crime No.1631 of 2025' instead of 'Crime No.163 of 2025'. The learned counsel for petitioner is permitted to make correction in the petition with regard to Crime Number. 3.The case of the prosecution is that the de-facto complainant is the site manager of the construction company. Some migrant workers were staying and working in the site. On the date of occurrence, the petitioner and other accused entered the site and robbed two mobile phones and money by attacking the workers and fled from the spot. Hence, the case. 4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected in the alleged offence. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

5.The learned Government Advocate (Criminal Side) strongly opposed for granting bail to the petitioner submitting that the petitioner is arrayed as A1 in this case. There are totally 5 accused in this case. A2 and A5 were detained under Tamil Nadu Act 14 of 1982. He further submitted that 2/6

the petitioner has got no previous cases.

6.Heard the learned counsel appearing on both sides. 7.Considering the submissions made 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.

8. 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, Thiruporur 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 not directly or indirectly 3/6

cause any threat to the de-facto complainant and witnesses; [d] 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;

[e] 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 07.07.2025 rsi 4/6

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 Munsif cum Judicial Magistrate, Thiruporur.

2.The Inspector of Police, Kelambakkam 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.

rsi 07.07.2025 6/6