Citation : 2026 Latest Caselaw 1929 Mad
Judgement Date : 16 April, 2026
Crl.O.P.No.9394 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.9394 of 2026
Kevingandhi ... Petitioner
Vs.
State Rep. by its
The Sub Inspector of Police,
Virudhachalam Police Staiton,
Virudhachalam Taluk, Cuddalore District.
(Crime No.146 of 2026) … Respondent
PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in
connection with Crime No.146 of 2026 pending on the file of the respondent.
For Petitioner : Mr.G.Kadhiresan
For Respondent : Mr.S.Vinoth Kumar,
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
19.03.2026 for the alleged offences under Section 317(2) of BNS Act, 2023
(corresponding Section 411 IPC) in Crime No.146 of 2026 on the file of the
respondent police, seeks bail.
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2. The allegation against the petitioner is that he committed theft of
two two-wheelers. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner
has been falsely implicated in this case and that he has not committed any
offence as alleged by the prosecution. He further submitted that the co-
accused has already been released on bail in Crl.M.P.No.889 of 2026, dated
02.04.2026. The petitioner had one previous case under the POCSO Act,
which was quashed by this Court in Crl.O.P.No.4254 of 2021, dated
23.06.2023. The petitioner has been in custody since 19.03.2026 and is ready
to abide by any stringent conditions that may be imposed by this Court.
Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the
respondent police submitted that there are totally four accused in this case
and the petitioner is arrayed as A1. He further submitted that the stolen two-
wheelers have been recovered.
5. Taking into consideration the totality of the circumstances and the
fact that the stolen two-wheelers have been recovered, and that the co-
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accused has already been released on bail in Crl.M.P.No.889 of 2026, dated
02.04.2026, this Court is of the firm view that, at this length of time,
custodial interrogation of the petitioner is not required. Hence, 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 her
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, Virudhachalam, 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 shall report before the learned XIII Metropolitan Magistrate, Egmore, Chennai, daily at 10.00 a.m. until further orders;
[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
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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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
16.04.2026 cda
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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To:
1.The Judicial Magistrate-I, Virudhachalam.
2.The Sub Inspector of Police, Virudhachalam Police Staiton, Virudhachalam Taluk, Cuddalore District.
3.The Superintendent, Sub-Jail, Virudhachalam.
4.The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.KUMARAPPAN, J.
cda
16.04.2026
https://www.mhc.tn.gov.in/judis
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