Crl.O.P.No.4306 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.02.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.No.4306 of 2025 Barath Kumar ...Petitioner/Accused Vs. State through The Inspector of Police, J-1, Saidapet Police Station, Chennai – 600 015. (Crime No.35 of 2025) ... Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.35 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.Magesh Raj For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) ORDER This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 29.01.2025, seeking bail Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4306 of 2025 in Crime No.35 of 2025 registered for the offence under Section 304(2) of BNS. 2.It is the case of the prosecution that the petitioner had waylaid the defacto complainant and snatched the mobile phone. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and that the petitioner has been in custody from 29.01.2025 and in any case, further custody of the petitioner is not required. Hence, he prays for the grant of bail. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are four previous cases pending against the petitioner and the article was recovered. 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. Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4306 of 2025 6.Considering the nature of allegations, period of incarceration and the fact that the stolen article has been recovered and the petitioner is on bail in all other cases and since further custody of the petitioner is not required for the purpose of interrogation, 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 IX Metropolitan Magistrate, Saidapet, 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; Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4306 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. 19.02.2025 ata Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4306 of 2025 Copy to: 1.The Inspector of Police, J-1, Saidapet Police Station, Chennai – 600 015. 2.The IX Metropolitan Magistrate, Saidapet. 3.The Superintendent of Prison, Central Prison, Puzhal, Chennai. 4.The Public Prosecutor, High Court, Madras. Page No.5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4306 of 2025 SUNDER MOHAN, J. ata Crl.O.P.No.4306 of 2025 19.02.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis