Citation : 2026 Latest Caselaw 1807 Mad
Judgement Date : 10 April, 2026
Crl.O.P.No.9087 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.9087 of 2026
B.Ajaykumar ... Petitioner(s)
Vs.
State represented by
Inspector of Police,
Vellore Taluk Police Station,
Vellore District. ... Respondent(s)
Crime No.32 of 2026
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.32 of 2026 pending on
the file of the respondent police.
For Petitioner(s) : Mr.A.Saravanan
For Respondent(s) : Mr.S.Vinoth Kumar,
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
11.03.2026 for the alleged offence under Section 303(2) of the Bharatiya Nyaya
Sanhita, 2023 (corresponding to Section 379 IPC) in Crime No.32 of 2026 on
the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the petitioner, along with the other
accused, attempted to commit theft by stealing copper wire from the premises of
the defacto complainant.
3. The learned counsel for the petitioner would submit that the petitioner
is innocent and has been falsely implicated in this case. He would further submit
that the petitioner has been in judicial custody since 11.03.2026 and is ready to
abide by any conditions that may be imposed by this Court. Hence, he prayed
for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the
respondent, while opposing the grant of bail, reiterated the prosecution case and,
on instructions, submitted that the petitioner has no bad antecedents and that the
stolen property has been recovered. He further submitted that the co-accused
was already enlarged on bail vide order dated 08.04.2026 passed by this Court
in Crl.O.P.No.8780 of 2026.
5. Considering the above facts and circumstances, the period of
incarceration undergone by the petitioner, that the stolen property has been
recovered, the fact that the petitioner has no bad antecedents, and also the fact
https://www.mhc.tn.gov.in/judis
that the co-accused was already enlarged on bail, this Court is inclined to
enlarge the petitioner on bail, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on their
executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand
only), with two sureties each for a like sum to the satisfaction of the learned
Judicial Magistrate-I, Vellore, and subject to the following conditions:
[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. for a period of 15 days and thereafter as and when required for interrogation;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs.
https://www.mhc.tn.gov.in/judis
State of Kerala [(2005)13 SCC 283];
[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
10.04.2026 skr
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.
https://www.mhc.tn.gov.in/judis
To
1. The learned Judicial Magistrate-I, Vellore.
2. The Superintendent, Central Jail, Vellore.
3. The Inspector of Police, Vellore Taluk Police Station, Vellore District.
4. The Public Prosecutor, High Court of Madras
https://www.mhc.tn.gov.in/judis
C.KUMARAPPAN,J.
skr
10.04.2026
https://www.mhc.tn.gov.in/judis
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