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Madras High CourtCRL OP/24623/2025granted

Jagadeesh v. State Rep By, The Inspector Of Railway Police,

2025-09-24Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Jagadeesh ... Petitioner Vs.

The State represented by The Inspector of Railway Police, Law & Order, Mambalam Railway Police, Chennai - 600 033.

(Crime No.82 of 2023) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in respect of SC.No.535 of 2023 on the file of the learned X Additional District and Sessions Judge, Chennai, [XVII Additional District and Sessions Judge, Chennai (FAC)].

For Petitioner :

Mr.K.Balaji For Respondent :

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

O R D E R

The petitioner was arrested on 12.08.2025, on execution of NonBailable Warrant issued by the learned X Additional District and Sessions 1/6

Judge, Chennai, [XVII Additional District and Sessions Judge, Chennai (FAC)] for the offence under Sections 302, 147, 148, 120B of IPC, 1860 pending trial in S.C.No.535 of 2023 in respect of crime No.82 of 2023 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he was involved in a case of murder and subsequently, he was granted bail. After the case was committed to the Sessions Court, he regularly appeared in S.C.No.535 of 2023 on the file of the learned X Additional District and Sessions Judge, Chennai, [XVII Additional District and Sessions Judge, Chennai (FAC)]. On 23.04.2025, the petitioner did not appear before the Court. Hence, NonBailable Warrant (NBW) was issued. Thereafter, he surrendered before the Trial Court on 12.08.2025 and was remanded to judicial custody.

3. Learned counsel for the petitioner submitted that the petitioner had voluntarily surrendered, and though previous cases were cited for dismissal of the bail application by the Sessions Court, he had regularly appeared in all the other cases where he was on bail.

4. Learned Government Advocate (Crl.Side) appearing for the 2/6

respondent police submitted that the petitioner surrendered on 12.08.2025, and he was also involved in 15 previous cases.

5. Heard both sides and perused the materials available on record.

6. Considering the fact that Non-Bailable Warrant (NBW) was issued on 23.04.2025, and that the petitioner surrendered on 12.08.2025, this Court is inclined to grant bail to the petitioner with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned X Additional District and Sessions Court, Chennai, [XVII Additional District and Sessions Judge, Chennai (FAC)] 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 Trial Court for a period of three weeks, and thereafter on all 3/6

hearing dates without fail;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.09.2025 cda Note :

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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 X Additional District and Sessions Court, Chennai, [XVII Additional District and Sessions Judge, Chennai (FAC)]. 2.The Inspector of Railway Police, Law & Order, Mambalam Railway Police, Chennai - 600 033.

3.The Central Prison, Puzhal-II.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

cda 5/6

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