Pushparaj v. The State Rep.By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.34601 of 2025 Pushparaj Petitioner Vs The State Represented by The Inspector of Police, T-13 Chitlapakkam Police Station, Crime No.227 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.227 of 2025 on the file of the respondent police. For Petitioner:
Mr.Ganeshpriyan For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 15.10.2025 for the alleged offence punishable under Sections 296(b), 309(2), 311, 125, 351(3) of BNS, in Crime No.227 of 2025 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that he joined hands with the other accused, attacked the defacto complainant and took away a sum of Rs,3,800/- from him at knife point. Hence, a case was registered and the petitioner was arrested.
3. Learned counsel appearing for the petitioner submitted that the petitioner, aged 24 years, is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody since 15.10.2025. Hence, he prayed to grant bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that there are two accused involved in this case and the petitioner is arrayed as A1. He further submitted that the petitioner has two previous cases (hurt cases), pending against him and that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.
5. Considering the submissions made by the learned counsel on
either side, the period of his incarceration, though it is stated that the petitioner has two previous cases which are not similar in nature, 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 her 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, Tambaram, 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 respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.
[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.
17.12.2025 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 No.II, Tambaram.
2.The Inspector of Police, T-13 Chitlapakkam Police Station, Chengalpattu District.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.34601 of 2025 17.12.2025