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Madras High CourtCRL OP/26091/2025granted

Rajesh Alias Solution Rajesh v. State Rep By

2025-09-23Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26091 of 2025 Rajesh @ Solution Rajesh ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, P-6, Kodungaiyur Police Station, Chennai.

(Crime No.441 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.441 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. V. Karthick For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 31.08.2025, for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1), 109, 311 and 351(3) of BNS in Crime No.441 of 2025, registered on the file respondent police, seeks bail. 2.

The case of the prosecution is that on 30.08.2025, the petitioner along with other accused waylaid the defacto complainant abused him using filthy language, robbed a sum of Rs.650/- at knife point and also threatened the defacto complainant of dire consequences. Hence, this case. 3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 31.08.2025; that the co-accused was already granted bail by the Principal Sessions Judge, vide order dated 16.09.2025 in Crl.M.P.No.8550 of 2025; that no persons were injuries in this case; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 2/6

4.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and stated that the petitioner has three previous cases for the major offence under Section 506(ii), 379 and 328 of IPC, and the investigation is pending.

5.

Considering the facts and circumstances of the case, the nature of allegation 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 each, for a like sum to the satisfaction of the learned X Metropolitan Magistrate, Egmore at Chennai 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; 3/6

[b] the petitioner shall report before the respondent police daily at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[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 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. 22.09.2025 stn Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

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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 Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, P-6, Kodungaiyur Police Station, Chennai.

(Crime No.441 of 2025)

3. The Superintendent, Central Prison, Puzhal-II.

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn Crl.O.P. No.26091 of 2025 23.09.2025 6/6