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Madras High CourtCRL OP/33970/2025granted

A.Anand v. The State Rep By The Inspector Of Police

2025-12-11Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33970 of 2025 A.Anand Petitioner Vs The State Represented by The Inspector of Police, M-6, Manali Police Station, Manali, Chennai - 600 068.

Crime No.548 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner pending investigation in Crime No.548 of 2025 on the file of the respondent police.

For Petitioner:

M/s.M.Prema Sudha For Respondent:

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.10.2025 for the alleged offence punishable under Sections 126(2), 296(b), 115(2), 125, 309(4), 311, 351(3) of BNS, in Crime No.548 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 17.10.2025, the petitioner along with other accused waylaid the defacto complainant and robbed a sum of Rs.5,000/-, mobile phone and two wheeler from the defacto complainant at knife point. Hence, a complaint was lodged and the petitioner was arrested.

3. Earlier, this Court dismissed the bail petition in Crl.OP.No.31167 of 2025 dated 14.11.2025 on the ground that the petitioner is having previous antecedents.

4. Now, the learned counsel for the petitioner submitted that the petitioner is having two previous cases; that the similarly placed coaccused was released on bail by this Court. He further submitted that the petitioner is in judicial custody since 18.10.2025. Hence, he prayed to grant bail to the petitioner.

5. Learned Government Advocate (Crl.Side) appearing for the

respondent reiterated the prosecution case and submitted that there are totally three accused in this case and the petitioner is ranked as A2. He further submitted that the petitioner has two previous cases pending against him. Hence, he opposed for the grant of bail to the petitioner.

6. Considering the submissions made and also considering the facts and circumstances of the case, the fact that the similarly placed coaccused was released on bail by this Court in Crl.OP.No.33695 of 2025 dated 10.12.2025 and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

7. 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 Judicial Magistrate, Thiruvottiyur, and on further conditions that:- [a] the petitioner shall deposit a sum of Rs.5000/- (Rupees Five Thousand only) to the credit of Crime No.548 of 2025 and the proof of the same shall be produced before the learned Judicial Magistrate at Thiruvottiyur, Chennai at the time of furnishing sureties;

[b] 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;

[c] the petitioner shall report before the concerned Magistrate daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.

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

[e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [f] 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

11.12.2025 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 Judicial Magistrate, Thiruvottiyur.

2.The Inspector of Police, M-6, Manali Police Station, Manali, Chennai - 600 068.

3.The Superintendent, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J., drl CRL OP NO.33970 of 2025 11.12.2025