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Madras High CourtCRL OP/26798/2025granted

Chellappa@ Chella Baseer v. The State Represented By Its

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.26798 of 2025 Chellappa @ Chella Baseer ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Palladam Police Station, Tiruppur District.

(Crime No.690 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 C.C.No.403 of 2025 pending on the file of the Judicial Magistrate, Palladam in connection with Crime No.690 of 2025 registered on the file of the respondent police.

For Petitioner(s) :

M/s. P. Neelavathi For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.06.2025 in C.C.No.403 of 2025 pending on the file of the Judicial Magistrate, Palladam, for the offences punishable under Section 303(2) of BNS in Crime No.690 of 2025, registered on the file respondent police, seeks bail.

2.

The case of the prosecution is that, the petitioner along with other accused involved in theft of two wheeler of the defacto complainant. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner was falsely implicated in this case by the respondent police and also foisted false cases as against the petitioner; that he is in judicial custody since 28.06.2025. She also submitted that the stolen vehicle was also recovered and final report also filed in this case; that the co-accused was granted bail by this Court, vide order dated 04.09.2025 in Crl.O.P.No.23878 of 2025; and that the petitioner is ready to abide by any 2/6

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 prosecution case and stated that the stolen vehicle was recovered; that the petitioner has 5 previous cases; and that the investigation completed and final report filed.

5.

Considering the facts and circumstances of the case, the stolen vehicle was recovered, the co-accused was already enlarged on bail, the period of incarceration undergone by the petitioner and the fact that the investigation was completed and final report filed in this case, 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 Judicial Magistrate, Palladam and on further conditions 3/6

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 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. 26.09.2025 stn 4/6

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 Judicial Magistrate, Palladam.

2. The Inspector of Police, Palladam Police Station, Tiruppur District.

(Crime No.690 of 2025)

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn Crl.O.P. No.26798 of 2025 26.09.2025 6/6