SAKTHIVEL v. STATE REP.BY, THE INSPECTOR OF POLICE,
CRL OP/2566/2025 · 2025-02-18
Sunder Mohan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 19967 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19967 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.2566 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.02.2025 CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.2566 of 2025 Sakthivel ... Petitioner Vs. The State represented by, The Inspector of Police, Sholavaram Police Station, Thiruvallur District. (Crime No.09 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.09 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 07.01.2025, seeking bail in Crime No.09 of 2025 registered for the offence under Sections 296(b), 309(4), 311, 351(3) of BNS Act. 1/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.2566 of 2025
2. The case of the prosecution is that the petitioner waylaid the defacto complainant and robbed a sum of Rs.600/- at knife point. Hence, the case. 3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is in custody from 07.01.2025 and further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner. 4. Learned Government Advocate (Crl.Side) appearing for the respondent police, submitted that, apart from this case, petitioner has six previous cases and in those cases, he is on bail. 5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record. 2/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.2566 of 2025
6. Considering the nature of allegation, period of incarceration, the petitioner is on bail in other cases and that since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 7.
Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate II, Ponneri and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; 3/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.2566 of 2025 [e] On breach of any of the aforesaid conditions, the learned 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 18.02.2025 Sma 4/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.2566 of 2025 To
1. Judicial Magistrate No.II, Ponneri. 2. The Inspector of Police, Sholavaram Police Station, Thiruvallur District. 3. The Superintendent, Central Prison, Puzhal. 4. The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.2566 of 2025 SUNDER MOHAN., J. Sma Crl.O.P.No.2566 of 2025 18.02.2025 6/6 https://www.mhc.tn.gov.in/judis