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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2025

CORAM

THE HONOURABLE JUSTICE K.RAJASEKAR Crl.O.P.Nos.32356 & 32815 of 2025 Dinesh ... Petitioner in Crl.O.P.No.32356/2025 D.Gogul Krishna ... Petitioner in Crl.O.P.No.32815/2025 Vs.

State of Tamilnadu rep by The Inspector of Police, CRP Police Station, Coimbatore City, Coimbatore District.

... Respondent in both Crl.O.Ps'

(Cr.No.297 of 2025) COMMON PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitionerS on bail concerned in Cr.No.297 of 2025 pending investigation on the file of the respondent.

For Petitioner in Crl.O.P.No.32815/2025 : No appearance For Petitioner in Crl.O.P.No.32356/2025 : Mr.T.Elumalai For Respondent in both Crl.O.Ps'

: Mr.A.Gopinath Government Advocate (Crl. Side) COMMON O R D E R The petitioners, who was arrested and remanded to judicial custody on

23.09.2025 and 24.09.2025 respectively, for the offences punishable under Section 150(1)(a) of Indian Railway Act in Crime No.297 of 2025, registered on the file of the respondent police, seeks bail. 2.

The allegation against the petitioners is that the petitioners joined hands with 6 other accused with a view to stop the train and rob money from the passengers. They placed huge wooden log on the railway track and the railway officials were able to see the incident and remove the wooden log. Hence, a case has been registered. The investigation revealed that the petitioner has involved in this case. 3.The learned counsel appearing for the petitioner in Crl.O.P.No.32356 of 2025 submitted that the petitioner was arrested purely on suspicion and that he is not involved in the offence as alleged by the prosecution. He further submitted that the petitioner was arrested and he is in judicial custody from 23.09.2025. Hence, he prayed for grant of bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the respondent police recovered CCTV footage from the nearby area, which these petitioners joined hands with other accused involved in stopping the train with the wooden log. He further submitted that the investigation is still

pending, and there are 2 previous cases pending against the petitioners. Hence, he opposed to grant bail to the petitioners.

5. Considering the fact that though the earlier bail application was dismissed by this Court, considering the period of custody and also the fact that previous cases reported are also taken into account, I am inclined to grant bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-VI, Coimbatore, 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three weeks.

[c] the petitioners shall not abscond either during

investigation or trial;

[d] the petitioners 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 petitioners 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.

01.12.2025 mpa 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-VI, Coimbatore .

2. The Inspector of Police, CRP Police Station, Coimbatore City, Coimbatore District.

3.The Sub Jail, Coimbatore.

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

5. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

mpa Crl.O.P.Nos.32356 & 32815 of 2025 01.12.2025