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Madras High CourtCRL OP/26824/2025granted

S.Soban Raj v. The State Rep By The Inspector Of Police

2025-09-26Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26824 of 2025 S. Soban Raj ... Petitioner/ A3 Vs The State rep. by, The Inspector of Police, M-4 Redhills Police Station, Redhills, Chennai.

(Crime No.541 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.541 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. J. Senthamilarasu For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.08.2025 for the offences punishable under Sections 310(4) of BNS in Crime No.541 of 2025, registered on the file respondent police, seeks bail. The earlier bail application of the petitioner was dismissed by this Court, vide order dated 12.09.2025 in Crl.O.P.No.24914 of 2025. 2.

The case of the prosecution is that, the petitioner along with other accused were in possession of deadly weapons and planning to commit dacoity. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated and he is in custody since 11.08.2025. 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 reiterated the 2/6

prosecution case and stated that the petitioner six previous cases; and that investigation is pending.

5.

Considering the facts of the case, the overt act against the petitioner, the fact that the earlier bail application of the petitioner is dismissed only on the ground of his previous antecedents 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.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ponneri 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 the respondent police daily at 10:30 a.m., for a period of three 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. 25.09.2025 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 4/6

will also have a QR code.

To

1. The Judicial Magistrate No.II, Ponneri.

2. The Inspector of Police, M-4 Redhills Police Station, Redhills, Chennai.

(Crime No.541 of 2025)

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn Crl.O.P. No.26824 of 2025 26.09.2025 6/6