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2025 DAILYLAW 21268 (MAD)

PRASANTH v. THE STATE REP BY, THE INSPECTOR OF POLICE

CRL OP/2895/2025 · 2025-02-06

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.2895 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.2895 of 2025 Prasanth ... Petitioner Vs. The State represented by, The Inspector of Police, SHO, Virudhachalam Police Station, Cuddalore District. (Crime No.29 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.29 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.S.Nishanth For Respondent : Mr.A.Gopinath 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 17.01.2025, seeking bail in Crime No.29 of 2025 registered for the offence under Section 303(2) of BNS. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.2895 of 2025 2. The case of the prosecution is that the petitioner committed theft of a cow owned by the defacto complainant. 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 17.01.2025 and since further custody is not required, the petitioner may be released on bail. 4. Learned Government Advocate (Crl.Side) submitted that the stolen cow has been recovered. He further submitted that the petitioner has no previous cases. 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. 6. Considering the fact that the stolen property has been recovered; period of incarceration; and that since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.2895 of 2025 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-1, Virudhachalam. [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; [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 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.2895 of 2025 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. 06.02.2025 Sma To 1. Judicial Magistrate-I, Virudhachalam. 2. The Inspector of Police, SHO, Virudhachalam Police Station, Cuddalore District. 3. The Superintendent, Central Prison, Cuddalore. 4. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.2895 of 2025 SUNDER MOHAN., J. Sma Crl.O.P.No.2895 of 2025 06.02.2025 5/5 https://www.mhc.tn.gov.in/judis