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2025 DAILYLAW 42486 (MAD)

KALIYANI SUNDARAM v. THE STATE REP. BY THE INSPECTOR OF POLICE

CRL OP/9423/2025 · 2025-04-16

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.9423 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.04.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.9423 of 2025 Kaliyani Sundaram ... Petitioner/A7 Vs. The State represented by, The Inspector of Police, Oragadam Police Station, Kancheepuram. (Crime No.72 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.72 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.K.Rahul 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 01.03.2025, seeking bail in Crime No.72 of 2025 registered for the offence under Sections 310(2) and 311 of BNS Act, 2023 under Section 395 and 397 of IPC. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9423 of 2025 2. The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant and snatched his gold rings and also robbed a sum of Rs.15,000/- from him. Hence, the case. 3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that petitioner is in custody from 01.03.2025 and in any case, 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 other previous case and in that case, he is on bail. He further submitted that the stolen jewels have been 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. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9423 of 2025 6. Considering the nature of allegation; the period of incarceration; the fact that the stolen property has been recovered; petitioner is on bail in other case and 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 Court, Sriperumbudur 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; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9423 of 2025 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. 16.04.2025 Sma To 1. Judicial Magistrate Court, Sriperumbudur. 2.The Inspector of Police, Oragadam Police Station, Kancheepuram. 3. The Superintendent, Central Prison, Puzhal. 4. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9423 of 2025 SUNDER MOHAN., J. Sma Crl.O.P.No.9423 of 2025 16.04.2025 5/5 https://www.mhc.tn.gov.in/judis