Sivasankar v. The State Rep By, The Inspector Of Police,
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33481 of 2025 Siva Sankar Petitioner Vs The State Represented by The Inspector of Police, H-6 R.K.Nagar Police Station, Chennai.
Crime No.339 of 2024.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending Trial in PRC.No.66 of 2024 on the file of XV Metropolitan Magistrate, George Town, Chennai, on the file of the respondent police. For Petitioner:
M/s.Raji for Mr.T.Balaji For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 09.04.2025 for the alleged offence punishable under Sections 147, 148, 294(b), 427, 450, 302, 506(II), r/w 149, r/w 109 of IPC in P.R.C. No.66 of 2024 on the file of XV Metropolitan Magistrate, George Town, Chennai, seeks bail.
2. The case of the prosecution is that due to the non-appearance of the petitioner before the Trial Court on 23.01.2025, a Non-Bailable Warrant was issued against him on the same day, and the same was executed on 09.04.2025. Hence, the case.
3. Earlier, this Court dismissed the bail petition in Crl.OP.No.29821 of 2025 dated 03.11.2025 on the ground that the case was still in committal stage.
4. Now, it is reported by the learned Government Advocate (Crl.Side) appearing for the respondent submitted that the case has been committed to the Sessions Court in S.C. No.807 of 2025 and the next hearing date is 12.12.2025.
5. Considering the submissions made by the learned Government Advocate (Crl.Side) and considering the period of his incarceration, 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, for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town, 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 trial Court daily at 10.30 a.m., for a period of three weeks. [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; [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. 08.12.2025 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.
To 1.The XV Metropolitan Magistrate, George Town, Chennai.
2.The Inspector of Police, H-6 R.K.Nagar Police Station, Chennai.
3.The Superintendent, Central Prison, Puzhal, Chennai 4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.33481 of 2025 08.12.2025