Sai Krishna @ Sai v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-10-2025

CORAM

THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR CRL OP NO.27303 of 2025 Sai Krishna @ Sai ... Petitioner/Accused Vs State rep. by, The Inspector of Police, Kadambathur Police Station, Thiruvallur District.

(Crime No.117 of 2025).

... Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in Crime No.117 of 2025 pending on the file of the respondent police. For Petitioner : Mr.P.Chandrasekar For Respondent : Mr. V.J.Priyadarsana Government Advocate (Crl. Side) ****** 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.08.2025 for the alleged offence punishable under Sections 191(2), 191(3), 296(b), 326(g), 351(3) of BNS, in Crime No.117 of 2025, on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that, on 13.07.2025 at about 12.20 a.m, the accused is alleged to have thrown 3 petrol bombs at the house of one Sivaraj. Subsequently, on the same day at 6.30 p.m, A1 along with other accused is alleged to have set fire on the defacto complainant's house and the farm causing damage to the tune of Rs.10,000/-. It is further alleged that the accused set fire to the house of another person near the said premises, thereby causing two houses to be completely burnt. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he is in judicial custody from 28.08.2025 and is ready to abide by any conditions 2/6

that may be imposed by this Court. He further submitted that based on the confession of the arrested accused, this petitioner was arrested. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally three accused in this case and the petitioner herein is ranked as A3. He further submitted that the petitioner has one previous case pending against him. However, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 3/6

with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thiruvallur and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30.a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];

4/6

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

03.10.2025 drl/rna 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 official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate No.II, Thiruvallur 2.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

3.The Inspector of Police, Kadambathur Police Station, Thiruvallur District.

4. The Public Prosecutor, High Court of Madras.

5/6

N. SENTHILKUMAR, J.

drl / rna Crl.O.P. No.27303 of 2025 03.10.2025 6/6