Harish v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 35443 of 2025

1. Harish S/o. Srinivasan, No 284. Nehru Nagar 1st Street, Vyasarpadi, Chennai 600 039 and 3 Others 2.Barath S/o. Kumar, No 10/22, Teachers Colony, Kodungaiyur, Chennai 600 3.Abinesh Kumar S/o. Ashok Kumar 4.Arjun Kumar S/o. Ashok Kumar, Both 3 And 4accused Were Residing At No 203, Nehru Nagar 1st Street, Vyasarpadi Chennai 600 039.

Petitioner(s) Vs The Inspector Of Police P 3, Vyasarpadi Police Station, Chennai.

Crime No 407 of 2025 Respondent(s)

PRAYER To enlarge the petitioners on bail in respect of Crime No.407 of 2025 on the file of the Inspector of Police, P3, Vyasarpadi Police Station, Chennai, where investigation pending and render justice. For Petitioner(s):

S.Lokesh For Respondent(s): S.Vinoth Kumar Government Advocate (Crl. Side)

ORDER

The petitioners / Accused, who were arrested and remanded to judicial custody on 09.12.2025 for the offences punishable under Sections 296(b), 115(2), 311, 351(3) of BNS Act, 2023 @ 296(b), 115(2), 311, 351(3) of BNS Act, 2023 and 25(1)(a) Arms Act and under Section 8(c) r/w. Section 20(b)(ii)(A), 29(1) of NDPS Act in Crime No.407 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners along with other accused waylaid the defacto complainant and robbed Rs.700/- from him at knife point. During search, A1 was found in possessed of 600 gms of Ganja and also a long knife. Hence the case.

3. The learned counsel appearing for the petitioners / accused would submit that the petitioners are innocent and the allegations made against them are false and they have been falsely implicated in this case. He would further submit that the petitioners were arrested and they are in judicial custody from 09.12.2025. Hence, he prayed bail for the petitioners.

4. The learned Government Advocate appearing for the respondent would submit that the accused were found in possession of 600 grams of Ganja, they abused obscene words and threatened with deadly weapons and one previous case is pending against the accused. Hence, he strongly opposed to grant bail to the petitioner.

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

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, considering that the quantity involved is not a commercial quantity, though one previous case is pending against

the petitioners in that case already bail was granted to them and considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

[a] Accordingly, the petitioners are ordered to be released on bail on their 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 X Metropolitan Magistrate, Egmore, Chennai and on further conditions that:- [b] the petitioners shall report before the learned X Metropolitan Magistrate, Egmore, Chennai, on all working days at 10.30 a.m., until further orders.

[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl / 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 Inspector of Police, P3, Vyasarpadi Police Station, Chennai.

2. The X Metropolitan Magistrate, Egmore, Chennai. 3.The Central Prison, Puzhal -II, Chennai.

P.DHANABAL , J.

mtl/smn CRL OP No. 35443 of 2025 26.12.2025