Rithish v. State Rep, By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25340 of 2025 Rithish ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, V-6 Kolathur Police Station, Chennai District.
(Crime No.08 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.08 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. A. Samson For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 15.07.2025, for the offences punishable under Sections 126(2), 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) and 109 of BNS and Section 3 of TNPPDL Act in Crime No.8 of 2025, registered on the file respondent police, seeks bail. The earlier bail application of the petitioner in Crl.O.P.No.21717 of 2025 was dismissed by this Court by an order dated 22.08.2025.
2.
The allegation against the petitioner herein is that the petitioner was arrested and released on bail by this Court, vide order dated 30.01.2025 in Crl.O.P.No.2148 of 2025 and since the petitioner had not complied with the conditions of the bail order, the bail granted to the petitioner was subsequently cancelled by the lower Court based on the cancellation of bail application filed by the respondent police; that thereafter, the petitioner was arrested on 15.07.2025 and since then the petitioner is in custody.
3.
The learned counsel appearing for the petitioner submitted that 2/6
the petitioner had regularly complied with the conditions imposed on him by this Court, vide order dated 30.01.2025 in Crl.O.P.No.2148 of 2025 and since the petitioner was arrayed as an accused in another case registered in Crime No.109 of 2025 on the file of the respondent police and subsequently arrested on 10.04.2025, he was unable to comply with the bail condition. He also submitted that the petitioner also granted bail in the case in Crime No.109 of 2025 by this Court, vide order dated 15.05.2025 in Crl.O.P.No.15434 of 2025, however he was arrested in this case on 15.07.2025 and still in judicial custody. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner stated that since the petitioner has not complied with the bail condition imposed by this Court, his bail was cancelled and subsequently, arrested on 15.07.2025. 5.
Considering the facts and the submissions made by the learned counsels on either side, taking note of the fact that the petitioner was earlier 3/6
granted bail by this Court in this case and subsequently arrested on 10.04.2025 in connection with another case and he was also enlarged on bail in that case and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with 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, for a like sum to the satisfaction of the learned XIII Metropolitan Magistrate at Egmore 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 4/6
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. 23.09.2025 stn 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 XIII Metropolitan Magistrate, Egmore.
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K. RAJASEKAR, J.
stn
2. The Inspector of Police, V-6 Kolathur Police Station, Chennai District.
(Crime No.08 of 2025)
3. The Superintendent, Central Prison, Puzhal-II.
4. The Public Prosecutor, High Court of Madras.
Crl.O.P. No.25340 of 2025 23.09.2025 6/6