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Madras High CourtCRL OP/35108/2025granted

Safran v. State By, Inspector Of Police,

2026-01-02Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.35108 of 2025 Safran .....Petitioner Vs State by: Inspector of Police, Kovilpalayam Police Station, Coimbatore District..

Crime No.385 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.385 of 2025 on the file of the respondent police. For Petitioner: Mr.G. Magesh Kumar For Respondent: Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.11.2025 for the alleged offence punishable under Section 309 (4) of BNS 203 in Crime No.385 of 2025, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner joined hand with other accused and way laid the defacto complainant at knife point and stolen two motor cycles and money via gpay. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that he is in judicial custody since 17.11.2025. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the stolen property was recovered and there is no previous case pending against the petitioner. However , he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side, the fact that petitioner is in judicial custody from 17.11.2025, and the fact that the stolen property was recovered and there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions.

7. 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 District Munsif cum Judicial Magistrate, Annur 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 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. 02.01.2026 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 District Munsif cum Judicial Magistrate, Annur 2.The Inspector of Police, Kovilpalayam Police Station, Coimbatore District..

3.The Superintendent, Central Prison, Coimbatore 4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J., smn CRL OP NO.35108 of 2025 02.01.2026