Madras High CourtCRL OP/27643/2025granted

A.Akash Kumar @ Akash Kumar v. The State Rep By The Inspector Of Police

2025-10-09Honourable Mr.Justice K.Rajasekar10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR A.Akash @ Akash Kumar ... Petitioner Vs.

The State represented by The Inspector of Police, Velankannai Police Station, Nagapattinam District.

(Crime No.341 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.341 of 2025 on the file of the respondent police. For Petitioner :

Mr.L.K.Charles Alexander For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 05.09.2025, for the offence punishable under Sections 296(b), 308(5), 351(3) of BNS r/w Section 25(1)(a) of the Indian Arms Act, in Crime No.341 of 2024, registered on the file of the respondent, seeks bail. 1/10

2. The case of the prosecution is that on 04.09.2025, the petitioner, along with two others, demanded a sum of Rs.50,000/- from the de facto complainant. When he had refused to pay the amount, they abused him in filthy language and threatened him with a knife. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner is not involved in the alleged offence and that the de facto complainant, who has bad antecedents, has colluded with the police. He also submitted that one of the co-accused has already been granted bail by this Court in Crl.O.P.No.26176 of 2025 dated 23.09.2025 and that the petitioner has been in custody since 05.09.2025. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of bail, reiterating the prosecution case and submitted that the petitioner is ranked as A1. He further submitted that the petitioner has five previous cases and that the investigation in the present case is still pending.

5. Heard both sides and perused the materials available on record. 2/10

6. Considering the nature of the allegations, the fact that the coaccused has already been granted bail by this Court in Crl.O.P.No.26176 of 2025 dated 23.09.2025, and taking into account the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions:

7. 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, Kilvelur, 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 petitioner shall report before the concerned Court for a period of two weeks until further orders;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; 3/10

[e] the petitioner 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;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 09.10.2025 cda 4/10

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, Kilvelur.

2.The Inspector of Police, Velankannai Police Station, Nagapattinam District.

3.The Sub Jail, Nagapattinam.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

cda 5/10

09.10.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 6/10

A.Akash @ Akash Kumar ... Petitioner Vs.

The State represented by The Inspector of Police, Velankannai Police Station, Nagapattinam District.

Mr.L.K.Charles Alexander For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

Today, 31.10.2025, the above matter is posted under the caption ''For Being Mentioned'' at the instance of the learned counsel for the 7/10

petitioner.

2. Learned counsel appearing for the petitioner prays this Court to correct the condition imposed in para 7[b] of the order passed by this Court in Crl.O.P.No.27643 of 2025 dated 31.10.2025 that "the petitioner shall report before the concerned Court for a period of two weeks" instead of "the petitioner shall report before the concerned Court for a period of two weeks until further orders".

3. Registry is directed to carry out the necessary corrections and issue a fresh order copy to both parties.

31.10.2025 cda 8/10

To 1.The Judicial Magistrate, Kilvelur.

2.The Inspector of Police, Velankannai Police Station, Nagapattinam District.

3.The Sub Jail, Nagapattinam.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

cda 9/10

31.10.2025 10/10