Isai Priyan v. The State By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Isai Priyan ... Petitioner Vs.
State Rep. by:
The Inspector of Police, Vellore South, Tamil Nadu ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.140 of 2025 on the file of the respondent police. For Petitioner :
Mr.R.Prem Anandhan For Respondent :
Mr.L.Baskaran Government Advocate (Crl. Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 22.07.2025, for the offence punishable under Sections 296(b), 115(2), 308(2) 351(3)of BNS, @ 296(b), 140(2), 309(4) read with 311 of BNS, 1/4
2023, in Crime No.140 of 2025, registered on the file of the respondent, seeks bail.
2. According to the prosecution, the defacto complainant while talking with his friends near a graveyard, was approached by three unknown persons who, under threat, compelled him to deposit Rs.20,000/- into an account. They also took his ATM card along with pin number and withdrew the money. Subsequently, the father of the defacto complainant received a phone call from his son, who, in a distressed state, informed him that he urgently needed money, since he had caused an accident and the car owner was demanding compensation.
3. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that there are four accused in this case, of whom one is still absconding. From one of the accused, a sum of Rs.15,000/- has been recovered, while the balance amount of Rs.5,500/- is yet to be recovered.
4. Heard both sides and perused the materials available on record. 2/4
5. Considering the fact that no recovery was effected from this petitioner and he has been in judicial custody for about 35 days, this Court is 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 like sum to the satisfaction of the learned Sessions Court, Vellore 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 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 petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by 3/4
Dr.G.JAYACHANDRAN, J.
rpl 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. 28.08.2025 rpl 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 Sessions Court, Vellore 2.The Inspector of Police, Vellore South, Tamil Nadu 3.The Superintendent, Central Prison, Vellore. 4.The Public Prosecutor, High Court of Madras. 4/4