Deepath @ Sail Deepath v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.12.2025

CORAM

THE HON'BLE Mr.JUSTICE P.DHANABAL CRL OP.No.35523 of 2025 Deepath @ Sali Deepath S/o.Deenan ... Petitioner/A1 Vs State represented by:

The Inspector of Police, N-2, Kasimedu Police Station, Chennai -600 013.

[Cr. No.490 of 2025] .... Respondent/ Complainant PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., praying to grant bail to the petitioner / A1 in Cr.No.490 of 2025 on the file of the respondent police.

For Petitioner : Mr.R.Kamesh For Respondent : Mr. S.Vinoth Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner / Accused 1, who was arrested on 07.12.2025 and remanded to judicial custody on the same day for the offences punishable under Sections 127(2), 296(b), 309(6), 311, 351(3) of BNS., in Cr.No.490 of 2025 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner along with the other accused used filthy language and robbed Rs.300/- from the defacto 1/5

complainant with knife point. Hence the case.

3. The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner under Sections 127(2), 296(b), 309(6), 311, 351(3) of BNS., 2023, and the petitioner was arrested and remanded to judicial custody on 07.12.2025. The petitioner is an innocent person and have not committed any offence as alleged by the prosecution and hence, he prayed that the petitioner may be released on bail.

4. The learned Government Advocate (Criminal Side) would submit that the accused persons were involved in alleged theft activities and investigation in this case is at initial stage and hence, he strongly opposed to grant bail to the petitioner. He would submit that there are 15 previous cases as against the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, considering 2/5

the nature of offences involved in this case and the fact that the petitioner was granted bail in previous cases and also considering the fact that the co-accused were released on bail and also considering the period of incarceration of the petitioner from 07.12.2025, I am inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, George Town, Chennai, and on further conditions that:

[b] the petitioner shall report before the respondent Police daily until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which she was accused, or suspected, or of the commission of which she 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 3/5

the case so as to dissuade them 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 B.N.S.2023.

26.12.2025 Index: Yes/No Internet: Yes/No Speaking/Non Speaking order ssa/sma 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 official website of this Court will be watermarked and will also have a QR code.

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P.DHANABAL ,J ssa/sma To 1.The XVI Metropolitan Magistrate, George Town, Chennai, 2.The Public Prosecutor, Madras High Court, Chennai. 3.The Inspector of Police, N2 Kasimedu Police Station,Chennai

4. The Superintendent of Police, Central Prison, Puzhal Prison II, Chennai.

CRL.O.P. No.35523 of 2025 26.12.2025 5/5