Allabakash v. State Rep By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No. 33657 of 2025 Allabakash ... Petitioner/A1

Versus

The State represented by The Inspector of Police T-12, Poonamallee Police Station Avadi District.

Crime No. 774 of 2025.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No. 774 of 2025 on the file of respondent police.

For Petitioner : Mr.G.Prasanna For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

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The petitioner, who was arrested and remanded to judicial custody on 29.09.2025, for the offences punishable under Sections 115(2), 126(2), 296(b), 309(4), 311, and 351(3) of BNS Act, 2023 in Crime No. 774 of 2025 registered on the file of respondent police, seeks bail. 2.The allegation against the petitioner is that the petitioner waylaid the de-facto complainant and robbed a sum of Rs.2,500/- at knife point. The respondent police arrested the petitioner and others. Hence the case. 3.The learned Counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner was arrested and remanded to judicial custody from 29.09.2025. He further submits that the co-accused was arrested and released on bail by order of this Court dated 28.11.2025 in Crl.O.P.No.32721 of 2025. He further submits that the petitioner is ready to abide any condition imposed by this Court and 2/8

therefore, he prayed for grant of bail to the petitioner. 4.The learned Government Advocate [Criminal Side] appearing for the respondent police while opposing the bail to the petitioner, reiterated the prosecution case and submits that totally four accused had involved in this case. He further submits that the petitioner is ranked as A1. He further submits that the co-accused was arrested and released on bail in Crl.O.P.No. 32721 of 2025, dated 28.11.2025. However, the petitioner is having 15 previous cases.

5.Considering the fact that the co-accused in this case was already arrested and released on bail in Crl.O.P.No.32721 of 2025 by order of this Court dated 28.11.2025 and he is also similarly placed with the petitioner herein and the period of incarceration of the petitioner from 29.09.2025, I am inclined to grant bail to the petitioner with certain conditions. 3/8

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 Judicial Magistrate No.II, Poonamallee, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] that 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] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 3 rd petitioner in accordance 4/8

with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

09.12.2025 MSM Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 5/8

will also have a QR code.

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To 1.The Judicial Magistrate No.II, Poonamallee 2.The Central Prison, Puzhal, Chennai 3.The Public Prosecutor High Court of Madras.

4.The Inspector of Police T-12, Poonamallee Police Station Avadi District.

Crime No. 774 of 2025.

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K.RAJASEKAR J.

MSM Crl.O.P.No. 33657 of 8/8

09.12.2025 9/8