Harikrishanan @ Hariyappa v. State Rep By The Inpsector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2025 CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR Harikrishanan @ Hariyappa ... Petitioner -VsState Rep by, The Inspector of Police, P-5, MKB Nagar Police Station, Chennai - 600 039.
(Crime No.521 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in Crime No.521 of 2025 pending on the file of the respondent police.
For Petitioner :
Mr.A.Elumalai For Respondent :
Mr.A.Gopinath, Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 25.10.2025, for the alleged offence punishable under Sections 126(2), 296(b), 115(2), 311, 351(3) of BNS Act, in Crime No.521 of 2025, on the file of the respondent police, seeks bail.
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2. The allegation against the petitioner is that he, along with the other accused, waylaid the defacto complainant and robbed a sum of Rs.400/- at knife point. Hence, the present complaint was lodged.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, since he has got some previous cases. He further submitted that the co-accused was already released on bail before the Sessions Court. He further submitted that the petitioner was arrested and he is in judicial custody since 25.10.2025. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are three accused in this case and the petitioner is ranked as A1. He further submitted that the petitioner has having 11 previous cases pending against him and that, if released on bail, he is likely to indulge in similar activities. However, he opposes to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. On perusal of the FIR and the order passed by the Sessions Court it is seen that the petitioner along with other accused had allegedly threatened the defacto complainant and no injury was caused. 2/6
7. Considering the submissions made by the learned counsel on both sides, and though the petitioner has bad antecedents and that the co-accused was released on bail and the nature of the offence alleged in the FIR and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
8. 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, for a like sum to the satisfaction of the learned X Metropolitan Magistrate, Egmore, Chennai, 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 concerned Court daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. [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; 3/6
[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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
19.11.2025 drl 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.
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To 1.The X Metropolitan Magistrate, Egmore, Chennai.
2.The Inspector of Police, P-5, MKB Nagar Police Station, Chennai - 600 039.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court, Madras.
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K. RAJASEKAR, J.
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