Babu Alias Snake v. State, Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Babu @ Snake, S/o.Devaraj, Aged about 24 years, No.1/103, Ambetkar Street, Valuthigaimedu, Ponneri, Thiruvallur District.

... Petitioner/Accused-A1 /versus/ The State Represented by:

The Inspector of Police, E3 Minjur Police Station, Redhills.

(Crime No.459 of 2025) ...Complainant/Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail with FIR.No.459 of 2025 on the file of the respondent police. For Petitioner :

Mr.A.J.Magendiraveman For Respondent :

Mr.S.Udaya Kumar.

Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner, who arrested and remanded to judicial custody on 12.07.2025, for the offences punishable under Section 296(b), 309(4), 311, 351(3) of BNS, in Crime No.459 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner herein was arrested on 12.07.2025 in connection with theft of Rs.600/- at knife point from the defacto complainant.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is in prison for more than 50 days. 4.The learned Government Advocate (Crl.Side) submitted that the knife and two wheeler have already been recovered. He opposed for granting bail on the ground that the petitioner is having 10 previous cases out of which three cases are similar in nature.

5. Considering the facts and circumstances of the case, this Court is 2/5

inclined to grant bail to the petitioner subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the learned Judicial Magistrate-II, Ponneri.

[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 appear before the respondent police daily at 10.30 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 petitioners 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.

04.09.2025 ari To,

1. The Judicial Magistrate-II, Ponneri.

2. The Inspector of Police, E3 Minjur Police Station, Redhills.

3. The Sub Jail, Ponneri.

4.The Public Prosecutor, High Court of Madras. 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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Dr.G.JAYACHANDRAN, J.

ari 04.09.2025 5/5