Santhosh Vs State rep by the Inspector of Police

¶1

Crl.OP.No.20570of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 26.08.2025

¶4

CORAM

¶5

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN

¶6

Crl.O.P.No.20570 of 2025

¶7

Santhosh ... Petitioner Vs. State, represented by The Inspector of Police, Vanagaram Police Station, Thiruvallur District. ... Respondent (Cr.No.92 of 2025)

¶8

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.92 of 2025 on the file of the The Inspector of Police, Vanagaram Police Station, Thiruvallur District. .

¶9

For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

¶10

O R D E R

¶11

The petitioner was arrested on 17.06.2025 for the alleged offence under Sections 126(2), 296(b), 311, 351(3) of BNS Act.

¶12

1/6

¶13

https://www.mhc.tn.gov.in/judis

¶14

Crl.OP.No.20570of 2025

¶15

The case of the prosecution is that on 15.06.2025 at 09.30 p.m.,

¶16

while the defacto complainant was riding in his two wheeler going near Padmavathi Nagar near Park, where the petitioner along with other accused way laid the defacto complainant and demanded him to give money. When the defacto complainant refused, the petitioner along with other accused abused him in filthy language, assaulted and threatened him with dire consequences and also robbed a sum of Rs.800/- and mobile phone at knife point. Hence, the complaint.

¶17

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any such offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

¶18

Hence, he prayed for grant of bail to the petitioner.

¶19

The learned Government Advocate (Criminal Side) appearing for

¶20

the respondent police reiterated the prosecution case and submitted that the respondent police has not yet filed a final report.

¶21

2/6

¶22

https://www.mhc.tn.gov.in/judis

¶23

Crl.OP.No.20570of 2025

¶24

Heard both sides and perused the materials available on record.

¶25

6. Considering the facts and circumstances of the case and the period

¶26

of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

¶27

7 . Accordingly, the petitioner is ordered to be released on bail on his

¶28

executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties , each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Poonamalle, and on further conditions that:

¶29

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

¶30

[b] the petitioner shall report before the respondent police daily at 10.30.a.m., until further orders;

¶31

3/6

¶32

https://www.mhc.tn.gov.in/judis

¶33

Crl.OP.No.20570of 2025

¶34

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283 ];

¶35

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

26.08.2025

Vv

Note :

Registry is directed to forthwith upload this order in the Official Website of this Court.

¶40

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.

¶41

4/6

¶42

https://www.mhc.tn.gov.in/judis

¶43

Crl.OP.No.20570of 2025

¶44

To

¶45