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2025 DAILYLAW 65503 (MAD)

SRIDHAR v. The State Rep by, The Inspector of Police,

CRL OP/18085/2025 · 2025-06-25

M Nirmal Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.18085 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.06.2025 CORAM: THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18085 of 2025 Sridhar ... Petitioner Versus State represented by The Inspector of Police, P-1, Pulianthope Police Station, Chennai. (Crime No.198 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.198 of 2025 on the file of the respondent police. For Petitioner : Mr.Mohammed Aasif For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor ***** ORDER The petitioner, who was arrested and remanded to judicial custody on 12.05.2025, for the offence punishable under Sections 126(2), 296(b), Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18085 of 2025 115(2), 118(1), 311 and 351(3) of BNS in connection with Crime No.198 of 2025, registered on the file of the respondent, seeks bail. 2. The contention of the learned counsel for the petitioner is that the petitioner along with two other accused are said to have waylaid the defacto complainant and demanded money from him. On his refusal, they abused him by using filthy language and assaulted him and also robbed Rs.1,800/- from him. He further submits that the co-accused A1 was already granted bail and the petitioner is an innocent person and he has been falsely implicated in this case. Further, he submitted that the petitioner is willing to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner. 3. Learned Additional Public Prosecutor submitted that the petitioner along with other accused waylaid the defacto complainant and assaulted him and also robbed a sum of Rs.1,800/- at knife point. He further submits that the petitioner has three previous cases against him. Therefore, he opposed for grant of bail to the petitioner. Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18085 of 2025 4. Heard both sides and perused the materials available on record. 5. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned X Metropolitan Magistrate Court, Egmore at Chennai and on further conditions that: [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; [b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders except on the date he appears before the trial Court for hearing and thereafter, as and when required for further interrogation; Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18085 of 2025 [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.06.2025 sp Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18085 of 2025 Note : 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. 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. To 1.The X Metropolitan Magistrate Court, Egmore at Chennai. 2.The Inspector of Police, P-1, Pulianthope Police Station, Chennai. 3.The Superintendent, 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.18085 of 2025 M.NIRMAL KUMAR, J. sp Crl.O.P.No.18085 of 2025 25.06.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis