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Madras High CourtCRL OP/35340/2025granted

Tamilarasan v. The State Rep By Its, The Inspector Of Police,

2025-12-26Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.35340 of 2025 Tamilarasan ... Petitioner Vs.

The State represented by, The Inspector of Police, E-3 Minjur Police Station, Tiruvallur District (Crime No. 632 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in Crime No.632 of 2025 on the file of the respondent police.

For Petitioner : Mr.D.Padmanabhan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 27.09.2025, for the alleged offence punishable under Sections 309(4), 311 of BNS, in Crime No.632 of 2025, on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that on 27.09.2025 at about 9.00 a.m, when the defacto complainant was passing near the Minjur Seemavaram 400 feet road junction tea shop, the petitioner waylaid him and demanded money. When the defacto complainant refused to part with the money, the petitioner along with other accused, robbed a sum of Rs.800/- from him at knife point. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He would further submit that the co-accused was already released on bail by the Lower Court. He further submitted that the petitioner was arrested and is in judicial custody for more than 85 days and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that on the date of the alleged occurrence, the petitioner along with other accused waylaid the defacto 2/6

complainant and robbed a sum of Rs.800/- from him at knife point. He further submit that the petitioner has 15 previous cases, including 3 murder case and 5 cases under 307 of IPC, pending against him and that the money was also recovered. Hence, 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 rival submissions made by the learned counsel on either side, the nature of offence, co-accused was released on bail, money was also recovered, and though the petitioner has 15 previous cases, in all of the cases, he has been released on bail, and considering the period of incarceration undergone by the petitioner and also considering all others factors, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

[a] Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Ponneri, and on further conditions that:- 3/6

[b] the petitioner shall report before the Judicial Magistrate No.I, Thiruvallur, on all working days at 10.30 a.m., until further orders. [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 4/6

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 BNS.

26.12.2025 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.I, Ponneri.

2.The Inspector of Police, E-3 Minjur Police Station, Tiruvallur District 3.The Superintendent, Central Prison, Puzhal-II, Chennai.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

drl Crl.O.P.No.35340 of 2025 26.12.2025 6/6