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Madras High CourtCRL OP/21838/2025granted

Babu @ Dog Babu v. State Rep. By The Inspector Of Police

2025-09-03Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.No.21838 of 2025 Babu @ Dog Babu ... Petitioner Vs.

State rep by The Inspector of Police, Shevapet Police Station, Salem District.

... Respondent (Cr.No.303 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No.303 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner herein was arrested on 24.07.2025 in connection with Crime No.303 of 2025 for the alleged offence under Section 309(4) & 311 of BNS Act, 2023.

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2.It is the case of robbery at knife point, wherein the defacto complainant lost Rs.2,200/- to the petitioner herein. 3.The learned Government Advocate (Crl. Side) states that the petitioner is a habitual offender and if he is released on bail, there is a possibility of committing the similar offence. 4.Considering the fact that the petitioner is in prison for the past 40 days and Rs.600/- recovered from the petitioner herein and he being an history sheeter with seven previous case, out of which, four cases are of similar nature, this Court is inclined to grant bail to the petitioner with certain condition.

5. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-III, Salem, 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;

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[b] the petitioner shall stay at Arakkonam and report before the Inspector of Police, Arakkonam Town Police Station, twice daily at 10.00 a.m., and 4.00 a.m., until further orders;

[c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.09.2025 smv 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.

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To

1. The Judicial Magistrate - III, Salem.

2. The Inspector of Police, Shevapet Police Station, Salem District.

3. The Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras.

5.The Inspector of Police, Arakkonam Police Station, Arakkonam.

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Dr.G.JAYACHANDRAN, J.

smv Crl.O.P.No.21838 of 2025 03.09.2025 5/5