Subash v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 35387 of 2025 Subash Petitioner(s) Vs State Represented By Inspector Of Police, T-15 Kannagi Nagar Police Station, Chengalpattu District. Crime No.407 Of 2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge a petitioner accused on bail in CRIME No.407 of 2025 on the file of the Respondent Police.

For Petitioner(s):

M/s.T.I.Ramanathan For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.11.2025, for the alleged offences punishable under Sections 303(2) of BNS in Crime No.407 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused stolen the defacto complainant's two wheeler. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and has no role in the alleged offence. He would further submit that the petitioner was arrested and is in judicial custody from 11.11.2025 and he is ready to cooperate for investigation, hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that petitioner along with other accused the defacto complainant's two wheeler. He further submitted that the stolen two wheeler was recovered and the petitioner has 5 previous case in similar nature, hence, 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 rival submissions made by the learned counsel on either side, the respondent police have recovered the stolen two wheeler and also considering the period of incarceration undergone by the petitioner from

11.11.2025, 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 District Munsif cum Judicial Magistrate Court, Sholinganallur and on further conditions that:- [b] the petitioner shall report before the concerned Jurisdictional Magistrate 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 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 jai 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.State Represented By Inspector Of Police, T-15 Kannagi Nagar Police Station, Chengalpattu District. Crime No.407 Of 2025

2. The District Munsif cum Judicial Magistrate Court, Sholinganallur.

3. The Central Prison-II, Puzhal.

4. The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

jai CRL OP No. 35387 of 26-12-2025