Sachin @ Naveen Kumar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR

1. Sachin @ Naveen Kumar

2. S.Bibin Prasath

3. Kavi @ Karnan ... Petitioners -vsState Rep by, The Inspector of Police, Mettupalayam Police Station, Coimbatore District.

(Crime No.504 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail in Crime No.504 of 2025 pending investigation on the file of the Respondent police.

For Petitioners :

Mr.I.Periaswamy For Respondent :

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

ORDER

The petitioners, who were arrested and remanded to judicial custody on 26.09.2025, for the alleged offence punishable under Sections 296(b), 308(4), 351(3), 311 of BNS in Crime No.504 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant was employed at the Government Liquor Shop. The petitioners visited the said place and scolded the defacto complainant in filthy language. The co-accused then threatened the defacto complainant and robbed a sum of Rs.2,000/- and a cell phone by showing a knife, and fled from that place along with the petitioners. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are an innocent person and they have been falsely implicated in this case. He would further submit that the petitioners were arrested and they are in judicial custody from 26.09.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners have arrayed as A1 to A3 and there is no previous case pending against the third petitioner and six previous cases are 2/6

pending against the first petitioner and three previous cases are pending against the second petitioner and he opposed for grant of bail to the petitioners.

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 petitioners and considering the facts, there are six previous cases are pending against the first petitioner and three previous cases are pending against the second petitioner, this Court is not inclined to grant bail to the first and second petitioners and this Court is inclined to grant bail to the third petitioner, subject to certain conditions.

7. Accordingly, the third 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, Mettupalayam, 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 third petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks. 3/6

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

[d] the third 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 third petitioner in accordance with law as if the conditions have been imposed and the third 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];

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

16.10.2025 rna Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

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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, Mettupalayam.

2.The Inspector of Police, Mettupalayam Police Station, Coimbatore District.

3.The Superintendent of Police, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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