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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Parthiban ... Petitioner Vs.

The State represented by, The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

(Crime No.1841 of 2020) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in S.C.No.13 of 2025 on the file of the Additional District Sessions Court No.IV at Ponneri. For Petitioner :

Mr.P.Chandrasekar For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioner/A5, who was arrested and remanded to judicial custody on 02.06.2025 pursuant to a non-bailable warrant issued in S.C.No.13 of 2025 on the file of the Additional District Sessions Court No.IV, Ponneri, in connection 1/6

with Crime No.1841 of 2020 registered for the offences punishable under Sections 147, 148, 324, 342, 302, 506(ii) of IPC r/w Section 149 of IPC.

2. Learned counsel appearing for the petitioner submitted that the petitioner/A5 is facing trial in S.C.No.13 of 2025 on the file of the Additional District Sessions Court No.IV, Ponneri and he was unable to appear before the trial Court, thereby, the trial Court had issued a non-bailable warrant against the petitioner on 24.04.2025. 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 the grant of bail to the petitioner.

3. Learned Government Advocate (Criminal Side) appearing for the respondent opposed for granting bail to the petitioner stating that the trial Court has issued a non-bailable warrant against the petitioner on 24.04.2025 and the same was executed on 02.06.2025. He further submitted that there are totally 7 accused in this case, in which, A6 and A7 are juveniles, A3 to A5 are still in prison and A1 and A2 are no more. Now the matter is posted for framing of charges on 02.09.2025. He also submitted that the petitioner has 23 previous cases pending against him.

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

5. Considering the facts and circumstances of the case, the submissions made by the learned Government Advocate (Criminal Side) and the nature of allegations, this Court is inclined to grant bail to the petitioner.

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 Additional District Sessions Court No.IV, at Ponneri, 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 on every Monday and Friday at 10.30 a.m, for a period of three weeks and thereafter the petitioner shall appear before the trial Court on every Tuesday at 10.30 am., till completion of trial and he shall also appear on all hearing dates, without fail; 3/6

[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.

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To

1. The Additional District Sessions Court - IV, Ponneri

2. The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

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

4. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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