Mohammed Ashraf Ali v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.33695 of 2025 Mohammed Ashraf Ali ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, M-6 Manali Police Station, Chennai (Crime No.548 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.548 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr.R. Dinesh For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.11.2025 for the offences punishable under Sections 126(2),296(b),115(2),125,309(4),311,351(3) of BNS Act in Crime No.548 of 2025, registered on the file of the respondent police, seeks bail. 1/5

2.

The case of the prosecution is that on 17.10.2025, the petitioner along with the 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, this case. 3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 06.11.2025; and that the petitioner is ready to abide by any condition that may be imposed by this Court and sought for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that there is no previous case pending against the petitioner. However, he vehemently opposed for grant of bail to the petitioner. 5.

Considering the submissions made and also considering the facts and circumstances of the case and there is no previous case pending against the petitioner and taking note of the period of incarceration undergone by the 2/5

petitioner, 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 each, for a like sum to the satisfaction of the learned Judicial Magistrate at Thiruvottiyur, Chennai and on further conditions that:

[a] the petitioner shall deposit a sum of Rs.5,000/- (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 executing the sureties;

[b] 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;

[c] the petitioner shall report before the respondent police daily at 10:30 a.m., for a period of four weeks and thereafter as and when required for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate 3/5

orders against the petitioner in accordance 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];

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

10.12.2025 smn 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 at Thiruvottiyur, Chennai

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

3. The Superintendent, Puzhal,Central Prison,Chennai

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

smn Crl.O.P. No.33695 of 2025 10.12.2025 5/5