Ajay v. State Rep by Inspector of Police

O R D E R The petitioner, who was arrested and remanded to judicial custody on

22.12.2025, for the offences punishable under Sections 296(b), 126(2), 311, 310(2) of BNS, 2023 (294, 341, 397, 395 of IPC) in Crime No.726 of 2025 on the file of respondent police seeks bail.

¶2The allegation against the petitioner is that the petitioner joined hands with other accused involved in snatching mobile phone of the de-facto complainant. Hence, the case has been registered and the petitioner has been arrested on 22.12.2025.

¶3The learned counsel for the petitioner submitted that the petitioner has been arrayed as an accused in this case for statistical purpose and he has not involved in this case and he was arrested and remanded to judicial custody from 22.12.2025 and now, he is ready to abide by any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is having 10 bad antecedents and also few other cases are similar in nature, the petitioner's earlier bail petition was dismissed by this Court on

28.01.2026 in Crl.OP.NO.1769 of 2026 and therefore, he opposed for grant of bail to the petitioner.

¶5I have gone through the records and other connected materials, which revealed that it is a case of theft of mobile phone and the mobile phones were recovered.

¶6Considering the nature of allegations, the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the District Munsif-Judicial Magistrate, Sholinganallur 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 report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation; [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 de facto 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.

18.02.2026 Vv Note :

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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

¶1The District Munsif-Judicial Magistrate, Sholinganallur

¶2The Inspector of Police, J-8, Neelangarai Police Station, Chengalpattu.

¶3The Central Prison, Puzhal-II

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR

, J.

Vv Crl.O.P.No.4034 of 2026

18.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.02.2026 CORAM THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.4034 of 2026 Ajay ... Petitioner Vs. State Rep by Inspector of Police, J-8, Neelangarai Police Station, Chengalpattu. ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/aacused on bail in Cr.No.726 of 2025 pending on the file of the Inspector of Police, J-8, Neelangarai Police Station, Chengalpattu. For Petitioner : Mr.Vijay M.D For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)