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Madras High CourtCRL OP/31887/2025granted

Salman @ Salman Basha v. State Rep By Inspector Of Police,

2025-11-24Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.31887 of 2025 Salman @ Salman Basha ... Petitioner -vsState rep. by the Inspector of Police, P-2 Otteri Police Station, Chennai District.

(Crime No.674 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS, 2024, to enlarge the petitioner on bail in the event of his arrest in Crime No.674 of 2025 on the file of the respondent police.

For Petitioner :

Mr.P.Muthamizh Selvakumar For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl. Side) **********

ORDER

The petitioner, who apprehends arrest for the alleged offence punishable under Sections 126(2), 296(b), 309(6) & 311 of BNS Act, 2023 in Crime No.674 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/4

2. The allegation against this petitioner is that, this petitioner joining hands with other accused robbed the cell phone of the defacto complainant. Hence this case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and that the co-accused was granted anticipatory bail by this Court in Crl.O.P.No.31715 of 2025. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl Side) submitted that, investigation in this case almost completed and that the co-accused was granted anticipatory bail by this Court in Crl.O.P.No.31715 of 2025 dated 20.11.2025. However, he opposed to grant bail to the petitioner.

5. Considering the nature of allegations and the fact that the co-accused who is arrayed as accused No.1 and similarly placed with the petitioner is already granted anticipatory bail by this Court, hence this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned X Metropolitan Magistrate Court, Egmore, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), with two sureties, each for a 2/4

like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 respondent police daily at 10.30 a.m., for the period of two weeks and thereafter as and when requires for interrogation; (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 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]; and;

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K. RAJASEKAR, J.

kmm (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.11.2025 kmm To 1.The X Metropolitan Magistrate Court, Egmore. 2.The Inspector of Police, P-2 Otteri Police Station, Chennai District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.31887 of 2025 4/4