Citation : 2026 Latest Caselaw 1758 Mad
Judgement Date : 9 April, 2026
CRL OP(MD). No. 6944 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 09.04.2026
PRESENT
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No. 6944 of 2026
Vijay ...Petitioner/Accused NO.1
Vs
State of Tamil Nadu rep. by
The Inspector of Police,
Theppakulam Police Station,
Madurai City,
Madurai..
(Crime No.64 of 2026)
...Respondent/Complainant
For Petitioner:Mr.S.Manikandan
For Respondent:Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-
For Bail in Cr.No. 64 of 2026 on the file of
the respondent police.
1/8
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 6944 of 2026
ORDER :
The Court made the following order :-
The petitioner/A1, who was arrested and
remanded to judicial custody on 04.03.2026 for
the offences punishable under Sections 331(4) and
305 of BNS, 2023, in Crime No.64 of 2026 on the
file of the respondent police, seeks bail.
2.The case of the prosecution is that on
27.02.2026 at about 09.00 a.m., the defacto
complainant locked her house and left. On the
same day, at about 06.00 p.m., she returned home
and noticed that the petitioner and along with
other accused persons broke open the lock and
committed theft ½ sovereign gold stud and silver
ring and brass vessels and cash of Rs.1,000/-
from the house. Hence, the complaint.
3.The learned counsel for the petitioner
would submit that the petitioner is an innocent
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and he was falsely implicated in this case. He
has not committed any offence as alleged by the
prosecution. He would further submit that the
petitioner's name is not mentioned in the FIR and
based on the suspicion, he has been arrayed as
accused. The petitioner has been arrested and
remanded to judicial custody on 04.03.2026.
Hence, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.
Side) appearing for the respondent Police would
submit that the petitioner has one previous case,
which is not similar in nature. He would further
submit that silver jewellery has been recovered
from the accused. Hence, he strongly opposed to
grant bail to the petitioner.
5. This Court heard both sides and perused
the materials available on record.
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6. Considering the rival submissions made by
the learned counsel on either side, nature of
offence, and considering the fact that the
petitioner is not a named accused and though one
previous case is pending against the petitioner,
the same is not similar kind of offence and he
was released on bail and some properties have
been recovered and also considering the period of
incarceration undergone by the petitioner, this
Court is inclined to grant bail to the petitioner
subject to the following conditions:
[a] Accordingly, the petitioner is
ordered to be released on bail on
condition to execute 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 Judicial
Magistrate Court No.I, Madurai, and on
further conditions that:
[b] the petitioner shall report before
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the respondent Police daily at 10.30 a.m.,
until further orders.
[c] the petitioner shall not commit
any offence similar to the offence of
which she is accused, or suspected, or of
the commission of which she 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
her 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
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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.
(P D B J)
09.04.2026 vsg
https://www.mhc.tn.gov.in/judis
To
1.The Judicial Magistrate Court No.I, Madurai.
2.The Inspector of Police, Theppakulam Police Station, Madurai City, Madurai.
3.The Superintendent, District Prison, Theni.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
P. DHANABAL, J
vsg
ORDER IN
Date : 09.04.2026
https://www.mhc.tn.gov.in/judis
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