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Madras High CourtCRL OP/35880/2025granted

Pandiyan @ Mayakrishnan v. State Rep. By

2025-12-30Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.12.2025

CORAM

THE HONOURABLE MR. JUSTICE P.DHANABAL Crl.O.P.No.35880 of 2025 Pandiyan @ Mayakrishnan ... Petitioner Vs.

State represented by The Inspector of Police, F-3, Arambakkam Police Station, Tiruvallur District.

(Crime No.531 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to release the petitioner on bail, pending trial in above S.C.No.411 of 2025 in Crime No.531 of 2024 on the file of the respondent. For Petitioner :

Mr.T.N.Lakshmi Narasimhan 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 20.12.2024, for the alleged offences punishable under Sections 309(4) read with 311 of BNS and Section 311 of BNS read with Section 3(5) of BNS, in Crime No.531 of 2024, on the file of the respondent police, seeks bail. 1/6

2. The case of the prosecution is that on 28.11.2024 at about 1.00 p.m., the petitioner/accused A4, along with A1 to A3, arrived in an auto (Reg.No. TN 18 BD 1918). A1 and A2 entered the Apollo Tyres shop at Calcutta to Chennai GNT Road, where LW1 Gomathi was working. A2 allegedly threatened her with a knife and stole her gold Thali, ear studs, bangles, and cash of Rs.2,000/-. The accused then pledged the stolen items in a pawn shop and shared the proceeds among themselves. Hence, the present case came to be registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that that the petitioner has been suffering incarceration from 20.12.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that totally four accused in this case, and the petitioner is arrayed as A1. He further submitted that the investigation has been completed and the charge sheet 2/6

filed; and that the petitioner has 43 previous cases. Hence, he vehemently opposed to grant of bail to the petitioner.

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

6. Considering the nature of offence and the period of incarceration undergone by the petitioner, and the fact that the investigation has been completed, though the petitioner has previous cases, some of the cases were already disposed of all other pending cases bail was granted to him, 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 learned Sessions Judge, Mahalir Neethimandram, Tiruvallur, and on further conditions that:- [b] the petitioner shall report before the Trial Court 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;

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[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;

30.12.2025 cda 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.

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To 1.The Sessions Judge, Mahalir Neethimandram, Tiruvallur. 2.The Inspector of Police, F-3, Arambakkam Police Station, Tiruvallur District.

3.The Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

cda Crl.O.P.No.35880 of 2025 30.12.2025 6/6