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Madras High CourtCRL OP/27751/2025granted

Sathiya v. The State Rep By, The Inspector Of Police,

2025-10-10Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27751 of 2025 Sathiya ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, M-4, Red Hills Police Station, Chennai - 600 052.

(Crime No.611 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.611 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. R. Ganesh Babu For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.09.2025, for the offences punishable under Section 326(f) of BNS and Section 3 and 4 of the T.N.P.P.D.L Act in Crime No.611 of 2025, registered on the file of the respondent police, seeks bail. 2.

The case of the prosecution is that on 16.09.2025, the defacto complainant's two wheeler was set fire by accused persons and with the help of the neighbours the said fire was put off, hence a complaint was lodged by the defacto complainant before the respondent police; that upon investigation, it is revealed that the petitioner along with other accused were involved in the said offence.

3.

The learned counsel appearing for the petitioner submitted that the petitioner was falsely implicated in this case and he is judicial custody since 20.09.2025. He further 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.

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4.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and stated that there are totally four accused in this case and the petitioner is arrayed as A3; that the petitioner has no previous antecedents; and that the investigation is pending. 5.

Considering the facts of the case, the petitioner has no 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.15,000/- (Rupees Fifteen Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Pooneri 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 3/6

identity proofs to ensure their identity;

[b] the petitioner shall report the respondent police daily at 10:30 a.m., for a period of two 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.

10.10.2025 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 4/6

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 No.2, Pooneri.

2. The Inspector of Police, M-4, Red Hills Police Station, Chennai - 600 052.

(Crime No.611 of 2025)

3. The Superintendent, Sub Jail, Pooneri.

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn Crl.O.P. No.27751 of 2025 10.10.2025 6/6