Ali Alias Mohamed Ali v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.08.2025 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Ali @ Mohamed Ali ... Petitioner -vsThe state rep by its The Inspector of Police M8- Sathangadu Police Station.

Crime No.231 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. 231 of 2025 pending on the file of the respondent Police. For Petitioner : Mr.D.Sugumar For Respondent : Mr.L.Baskaran Government Advocate (Crl.side)

ORDER

Petition for bail in Crime No.231 of 2025 for the offences under Sections 126(2), 311, 296(b), 115(2), 351(3), 125, 324(4) of BNS Act, 2023. Page No.1/5

2. According to the prosecution, the petitioner and his associate waylaid the defacto complainant and robbed a sum of Rs.1000/- at knife point. 3.The learned counsel for the petitioner states that petitioner is an innocent person and he has been falsely implicated. He states that co-accused has already been granted bail in this case whereas this petitioner has been in prison from 10.07.2025.

4. The learned Government Advocate (Criminal Side) for the respondent police states that there are six previous cases pending against the petitioner and if he is released on bail, he may repeat the crime.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent.

6. Considering the fact that the petitioner is in prison for more than 60 days, final report not yet filed and co-accused already been granted bail, the petition for bail is allowed with certain conditions. Page No.2/5

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, Thiruvottiyur 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 Investigating Officer daily at 10.00a.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];

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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 11.08.2025 nr 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 Judicial Magistrate, Thiruvottiyur

2. The Inspector of Police M8- Sathangadu Police Station.

3. The Superintendent, Puzhal Prison-II

4. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN , J.

nr 11.08.2025 Page No.5/5