C.Rajadurai v. State Rep.By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2025
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.C.Rajadurai 2.N.Vallarasu ... Petitioners Vs.
The State represented by The Inspector of Police, Thalaivasal Police Station, Salem District.
(Crime No.320 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners/Accused on bail in Crime No.320 of 2025 pending on the file of the respondent Police. For Petitioners :
Mr.S.Sathish For Respondent :
Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioners were arrested and remanded to judicial custody on 26.08.2025, for the offence punishable under Section 310(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.320 of 2025, registered on the file of the respondent, seeks bail.
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2. The case of the prosecution is that the petitioners along with other accused attempted to commit robbery and several mobile phones, tools, gloves and a face mask were recovered. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are an innocent person and have been falsely implicated in this case. He further submitted that the petitioners were in custody from 26.08.2025. Hence, he prayed for grant of bail to the petitioners.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of bail, reiterating the prosecution case. He further submitted that the petitioners have no previous criminal antecedents.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of the allegations, the fact that the petitioners have no previous cases, and the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions: 2/6
7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Attur, Salem District, 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 petitioners shall report before the Trial Court for a period of three weeks, and thereafter as and when required for interrogation;
[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioners 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;
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[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners 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 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 :
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.
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To 1.The Judicial Magistrate No.II, Attur, Salem District. 2.The Inspector of Police, Thalaivasal Police Station, Salem District.
3.The Central Prison, Salem.
4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
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