Citation : 2026 Latest Caselaw 1885 Mad
Judgement Date : 15 April, 2026
CRL OP No. 8643 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 8643 of 2026
Shankar
..Petitioner(s)
Vs
The State rep by,
The Inspector of Police
H-1 Washermen, Police Station, Chennai District.
(Crime No.642 of 2025)
..Respondent(s)
Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, to
enlarge the petitioner on bail in pending investigation in Crime No.642 of 2025
on the file of the respondent police and thereby render justice.
For Petitioner(s): Mr.P.Rajesh
For Respondent(s): Mr. Dhileepan, Government Advocate
(Criminal Side)
ORDER
The petitioner, who was formally arrested and remanded to judicial
custody on 04.03.2026 for the alleged offences under Sections 126 (2), 296 (b),
115 (2), 309 (4), 125, 311, 351 (3) of BNS Act, in Crime No.642 of 2025 on
the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner committed robbery of
Rs.500/- from the defacto-complainant. Hence the case.
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3.The learned counsel for the petitioner submitted that the petitioner is
innocent and has been in custody since 04.03.2026. He submitted that he is
ready to abide by any stringent condition that may be imposed by this Court and
ready to co-operate for investigation. Hence, he prays to grant bail to the
petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the
respondent police submitted that in this case the petitioner was formally arrested
on 04.03.2026 and that a substantial part of the investigation has been
completed. He further submitted that the petitioner has nine previous cases.
Hence, he opposed for grant of bail to the petitioner.
5.Considering that the petitioner was formally arrested on 04.03.2026,
and that a substantial part of the investigation is complete, this Court is of the
firm view that further custody of the petitioner is not necessary. Hence, 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.25,000/- (Rupees Twenty Five Thousand
only), with two sureties each for a like sum to the satisfaction of the learned XV
Metropolitan Magistrate, G.T. Chennai, and subject to the following
conditions:
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[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 in the morning at 10.30 AM and evening at 5.30 PM until further orders; No relaxation petition shall be entertained for a period of ninety days; [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 petitioner 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. 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.
15-04-2026 ep 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.
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C.KUMARAPPAN, J.
ep
To
1.XV Metropolitan Magistrate, G.T. Chennai.
2.Central Prison, Puzhal, Chennai.
3.The Inspector of Police H-1 Washermen Police Station, Chennai District.
4.The Public Prosecutor High Court of Madras.
15-04-2026
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