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Madras High CourtCRL OP/35895/2025granted

Rishi Kannan v. State Rep By

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.35895 of 2025

1. Rishi Kannan

2. Suraj Ginesh Kannan ... Petitioners Vs.

State represented by, The Inspector of Police, N-2, Kasimedu Police Station, Chennai.

(Crime No. 472 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.472 of 2025 on the file of the respondent police.

For Petitioners : Mr.K.Sarath Kumar For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioners were arrested and remanded to judicial custody on 20.11.2025 for the alleged offence punishable under Sections 126(2), 296(b), 309(6), 311 and 351(3) of BNS, in Crime No.472 of 2025, on the file of the respondent police, seek bail.

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2. The case of the prosecution is that the petitioners waylaid the defacto complainant and robbed a sum of Rs.400/- from him. Hence the complaint.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case, . They have not committed any offence as alleged in the FIR. He would further submits that the petitioners were arrested and are in judicial custody from 20.11.2025 and are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioners

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that on the date of the alleged occurrence, these petitioners waylaid the defacto complainant and demanded money when they have refused, the petitioners threatened them and robbed Rs.400/- from them at knife point. He further submits that the petitioners have nineteen previous cases pending against them. However, he opposed to grant bail to the petitioners.

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

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6. Considering the nature of offence, money involved in this case, considering the period of incarceration undergone by the petitioners from 20.11.2025, and though the petitioners have some previous cases, all are not similar kind of offence, in all the cases, they have been released on bail, and also considering all others factors, 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) each with two sureties, each for a like sum to the satisfaction of the XVI Metropolitan Magistrate, George Town, Chennai, and on further conditions that:- [b] the petitioners shall report before the learned XVI Metropolitan Magistrate, George Town, Chennai daily at 10.30 a.m. until further orders.

[c] the petitioners 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;

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[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.

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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 XVI Metropolitan Magistrate, George Town, Chennai 2.The Inspector of Police, N-2, Kasimedu Police Station, Chennai.

3.The Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

Vv Crl.O.P.No.35895 of 2025 26.12.2025 6/6