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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Arulprakash Petitioner(s) Vs The State Rep By, The Inspector of Police Namakkal Police Station, Namakkal District. Crime NO.464 of 2025.

Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.464 of 2025 pending on the file respondent police.

For Petitioner(s):

Mr.S.Kasirajan For Respondent(s):

Mr.A.Gopinath, GA (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.09.2025, for the offence punishable under Section 310(4) of BNS Act 2023

in Crime No.464 of 2025, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were unlawfully assembled with an intention to commit dacoity. They were apprehended by the respondent police near Ramesh Theatre, and during enquiry, once of the accused confessed to the plan of dacoity. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner is a college student pursuing Diploma in Marine Engineering (DME) at Sri Rengeswarar Polytechnic College, Namakkal and he has been suffering incarceration from 20.09.2025. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution's case and on instruction further

submitted that there are totally 5 accused involved in this case and the petitioner herein has been ranked as A5 and the respondent police also seized knives and a motorcycle from the accused and that the investigation in this case is still pending and therefore, he apposed for grant of anticipatory bail to the petitioner. 5.

Considering the facts and circumstances of this case, and also taking into account 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.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1 Court, Namakkal 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 petitioner shall report before the respondent

police daily at 07.00 p.m., for a period of two weeks. (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the 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 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

14-10-2025 Gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

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 Inspector of Police Namakkal Police Station, Namakkal District.

2. The Judicial Magistrate No.1, Court, Namakkal Distirct.

3. The Central Prison, Salem District.

4. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

gbi CRL OP No. 27950 of 14-10-2025