Citation : 2026 Latest Caselaw 2348 Mad
Judgement Date : 6 May, 2026
CRL OP No. 11030 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11030 of 2026
1. Rajamani
2. Gunaselvam
3. Kumar
4. Kasi
..Petitioner(s)
Vs
The State represented by
The Inspector of Police
Kilpennathur Police station,
Thiruvannamalai District.
(Crime No. 15 of 2026)
..Respondent(s)
PRAYER : Criminal Original Petition has been filed under Section 483 of
BNSS to enlarge the petitioners on bail in Crime No.15 of 2026 on the file of
the respondent Police.
For Petitioners: Mr.J. Mathi
For Respondent: Mr.V.J.Priyadarsana
Govt. Advocate (Crl.Side)
ORDER
Petition seeking bail in respect of Crime No.15 of 2026 registered for the
alleged offences punishable under Sections 331(4) and 305(a) of BNS, is on
board for consideration.
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2. The case of the prosecution is that the petitioners had committed theft
of batteries from the cell phone tower worth about Rs.65,000/-. Hence the case.
3. Learned counsel appearing for the petitioners submitted that the
petitioners are innocent persons and they have been falsely implicated in this
case. He also submitted that the petitioners are in no way connected with the
alleged offence, however, they are suffering incarceration from 27.02.2026. He
further submitted that the petitioners are ready to abide by any stringent
condition that may be imposed by this Court. Hence, he prayed for grant of bail
to the petitioners.
4. Learned Government Advocate (Criminal Side) appearing for the
respondent police, while opposing for grant of bail to the petitioners, reiterated
the prosecution case and submitted that the petitioners are habitual offenders,
against whom, 13 previous cases are pending.
5. Heard both sides and perused the materials available on record.
6. Taking note of the facts and circumstances of the case, nature of
allegations, submissions made by the learned counsels on either side and the
period of incarceration undergone by the petitioners, this Court is inclined to
grant bail to the petitioners with certain conditions.
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7. Accordingly, the petitioners are ordered to be released on bail on them
executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand
only) each with two sureties, each for a like sum to the satisfaction of the
learned District Munsif cum Judicial Magistrate, Kilpennathur,
Thiruvannamalai District and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for further interrogation; [c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
06.05.2026 vkr/ham
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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.
To
1. The District Munsif cum Judicial Magistrate, Kilpennathur, Thiruvannamalai District.
2. The Inspector of Police, Kilpennathur Police station, Thiruvannamalai District.
3. The Superintendent, Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI, J.
vkr/ham
06-05-2026
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