Rajeshkumar v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.08.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Rajeshkumar ... Petitioner Vs.
State Rep. by The Inspector of Police, Kamanaickenpalayam Police Station, Tiruppur District.
(Crime No.124 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in pending trial in C.C.No.282 of 2025 on the file of the Judicial Magistrate Court, Palladam.
For Petitioner :
Mr.W.Camyles Gandhi For Respondent :
Mr.R.Vinoth Raja Government Advocate (Crl. Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 11.05.2025, for the offence punishable under Section 331(3) and 305 of BNS, in Crime No.124 of 2025, registered on the file of the respondent, seeks bail.
1/6
2. The case of the prosecution is that the petitioner along with coaccused alleged to have lurked into the house of the de-facto complainant in committing theft over the valuables. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, 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. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioner. He further submits that the investigation has been completed and charge sheet has been filed in C.C.No.285 of 2025.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, 2/6
submissions made by the learned counsels on either side, 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 Judicial Magistrate, Palladam, 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 Trial Court at 10.30.a.m., on all hearing dates without fail; [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 3/6
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. 01.08.2025 nvi Note :
1. Registry is directed to forthwith upload this order in the Official Website of this 4/6
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 Judicial Magistrate, Palladam
2. The Inspector of Police, Kamanaickenpalayam Police Station, Tiruppur District 3.The Central Prison, Salem.
4.The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR, J.
5/6
nvi 01.08.2025 6/6