Chinnamalai@Boopathy v. State Rep. By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Chinnamalai @ Boopathy ... Petitioner Vs.

The State represented by, The Inspector of Police, M-5, Ennore Police Station.

Ennore, Chennai.

(Crime No.478 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.478 of 2025 on the file of the respondent Police. For Petitioner :

Mr.C.Balaji For Respondent :

Mr.L.Baskaran Government Advocate (Criminal Side)

O R D E R

On the complaint given by one Bharathkumar, who is an Auto Driver, a case in Crime No.478 of 2025 was registered on 12.07.2025 by the respondent Police for the alleged offenced under Sections 126(2), 296(b), 309(4), 311, 351(3) of BNS against one Chinnamalai and Sanjay @ Takka. 1/4

2. According to the complainant, at knife point, a sum of Rs.1500/- was robbed from him by this petitioner, Chinnamalai @ Boopathy, who is arrayed as A1, and his associate/A2.

3. Learned counsel for the petitioner states that the petitioner was arrested on 12.07.2025. He is a Painter by profession and is an innocent person and just because, he has nine previous cases, he has been roped in this case.

3. Learned Government Advocate (Criminal Side), per contra, states that the petitioner is a notorious person involved in similar offences earlier and so far, the stolen money was not yet recovered and the other accused is still absconding.

4. Taking into consideration the alleged offence against the petitioner and his incarceration for about thirty days, this Court is inclined to grant bail to the petitioner with certain conditions.

5. 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, Thiruvottriyur, Tiruvallur District, 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, 2/4

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 Investigating Officer twice daily, at 10.00 a.m. and 5.00 p.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. 11.08.2025 ham 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.

Dr.G.JAYACHANDRAN , J.

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ham To

1. The Judicial Magistrate, Thiruvottriyur, Tiruvallur District.

2. The Inspector of Police, M-5, Ennore Police Station, Ennore, Chennai.

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

4. The Public Prosecutor, High Court of Madras.

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