Imran v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NOS.25707 and 25708 of 2025

1. Imran ... Petitioner in Crl.O.P.No.25707 of 2025/ A6

2. Vijay @ Mavatta Vijay @ Vijayakumar ... Petitioner in Crl.O.P.No.25708 of 2025/ A5 Vs The State rep. by, The Inspector of Police, P-3, Vyasarpadi Police Station, Chennai - 600 039.

(Crime No.586 of 2020) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in S.C.No.124 of 2020 on the file of the learned XV Additional Sessions Court, Chennai.

For Petitioner(s) :

Mr. A. Elumalai For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioners, who were arrested and remanded to judicial custody on 28.08.2025 based on execution of NBW dated 14.08.2025 in S.C.No.124 of 2020 on the file of the learned XV Additional Sessions Court, Chennai registered for the offences punishable under Sections 341, 294(b), 302, 506(ii) @ 147, 148, 341, 294(b), 302, 506(ii) r/w 149 of IPC in Crime No.586 of 2020 on the file of the respondent police, seek bail. 2.

The learned counsel appearing for the petitioners submitted that originally the petitioners were earlier arrested and released on bail and were appearing before the Trial Court for the case in S.C.No.124 of 2020 and due to their non-appearance before the Trial Court, NBW was issued as against these petitioners on 14.08.2025 and subsequently, the petitioners were arrested on 28.08.2025. He further submitted that the petitioners are under judicial custody since 28.08.2025 and the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners.

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3.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioners submitted that there are totally 8 accused and the petitioners herein are arrayed as A6 and A5 respectively in this case and they were arrested based on execution of NBW dated 14.08.2025 issued by the Trial Court. He also submitted that the petitioners have previous antecedents and the case is pending for commencing of the prosecution side witnesses. 4.

Considering the facts and circumstances, the period of incarceration undergone by the petitioners and the fact that the trial has not yet commenced, this Court is inclined to grant bail to the petitioners with certain conditions.

5.

Accordingly, the petitioners are ordered to be released on bail on their 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 XV Additional Sessions Court, Chennai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial 3/6

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 petitioners shall appear before the Trial Court concerned daily at 10:30 a.m., for a period of two weeks and thereafter, on all hearing dates without fail; [c] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners shall make himself available for interrogation by a Police officer as and when required; [e] the petitioners shall not abscond either during investigation or trial;

[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 petitioners 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 4/6

SCC 283];

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

18.09.2025 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 XV Additional Sessions Judge, Chennai.

2. The Inspector of Police, P-3, Vyasarpadi Police Station, Chennai - 600 039.

(Crime No.586 of 2020))

3. The Superintendent, Central Prison, Puzhal, Chennai.

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K. RAJASEKAR, J.

stn

4. The Public Prosecutor, High Court of Madras.

Crl.O.P. Nos.25707 and 25708 of 2025 18.09.2025 6/6