Kumar @ Waterwash Kumar v. The State Rep By, the Inspector of Police,

ORDER The petitioner, who was arrested and remanded to judicial custody on

06.10.2025, for the alleged offences punishable under Sections 309(4), 311 of BNSS in Crime No.876 of 2025, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 06.10.2025, the petitioner waylaid the defacto complainant and demanded money. Upon refusal, the petitioner abused the defacto complainant in a filthy language, assaulted and robbed a sum of Rs.1850/- at knife point. Hence, the case.

¶3Learned counsel appearing for the petitioner submitted that the petitioner is innocent and has no role in the alleged offence. He would further submit that the petitioner was arrested and is in judicial custody from

06.10.2025 and he is ready to cooperate for investigation, hence, he prayed to grant bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that on the date of the alleged occurrence, the petitioner waylaid the defacto complaint and robbed Rs.1,850/- at knife point. He further submitted that the investigation in this case was completed and final report has also been filed and that the petitioner has 15 previous cases, hence, he opposed to grant bail to the petitioner.

¶5Heard both sides and perused the materials available on record including the First Information Report.

¶6Considering the rival submissions made by the learned counsel on either side, the investigation was completed, charge sheet has also been filed, and the fact that the petitioner has 15 previous cases, which are not similar in nature and in all the cases, petitioner has been granted bail and also considering the period of incarceration undergone by the petitioner from 06.10.2025, this Court is inclined to grant bail to the petitioner subject to certain conditions. [a] 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 District Munsif-cum-Judicial Magistrate Court, Madhavaram and on further conditions that:- [b] the petitioner shall report before the concerned jurisdictional Magistrate at 10.30 a.m., on all working days, until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 26-12-2025 jai/kmm 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

1.The Inspector of Police, M-3, Puzhal Police Station, Tiruvallur District.

¶2The District Munsif Cum Judicial Magistrate Court, Madhavaram.

¶3The Central Prison-II, Puzhal, Chennai.

¶4The Public Prosecutor, High Court of Madras. P.DHANABAL J. jai/kmm CRL OP No. 35377 of 2025

26-12-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-12-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 35377 of 2025 Kumar @ Waterwash Kumar Petitioner Vs The State Rep by, The Inspector of Police, M-3, Puzhal Police Station, Tiruvallur District. Cr.No.876/2025. Respondent PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to the petitioner on bail concerned in Cr.No.876/2025 on the file of the Inspector of Police, M-3, Puzhal Police Station, Thiruvallur District. For Petitioner(s): Mr.R.Parthiban For Respondent(s): Mr.S.Vinoth Kumar Government Advocate (crl.Side)