Citation : 2026 Latest Caselaw 2534 Mad
Judgement Date : 13 May, 2026
CRL O.P. No.12134 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.05.2026
CORAM
THE HONOURABLE MR.JUSTICE.P.DHANABAL
CRL OP.No.12134 of 2026
Jayakumar
S/o.Dharani ..Petitioner
Vs
The State represented by:
The Inspector of Police,
Selaiyur Police Station,
[Cr. No.99 of 2026] .... Respondent
PRAYER: - The Criminal Original Petition is filed under Section 483 of
B.N.S.S., praying to grant bail to the petitioner in Cr.No.99 of 2026 on
the file of the respondent police.
For Petitioner : M/s.Rekha Sivakumar
For Respondent : Mr.Vinothraja, Govt. Advocate (Crl.Side)
ORDER
The petitioner, who was arrested on 12.03.2026 and remanded to
judicial custody on the same day for the offences punishable under
Sections 309(4) of B.N.S. in Cr. No.99 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
other accused intercepted the defacto complainant at a secluded place and
robbed Rs.28.00 lakhs at knife point. Hence the case.
3 The learned counsel for the petitioner would contend that the
respondent police have registered a false case against the petitioner under
Sections 309(4) of B.N.S. and the petitioner was arrested and remanded
to judicial custody on 12.03.2026. He would further submit that the
major amount has already been recovered and the co-accused were
granted bail. Hence he prayed that the petitioner may be released on bail.
4 The learned Government Advocate (Criminal Side) would
submit that the petitioner along with other accused, knowing the fact that
the defacto complainant was carrying a huge amount of Rs.28.00 lakhs
followed him and intercepted in a secluded place and at knife point,
robbed the amount. Hence he strongly opposed to grant bail to the
petitioner. He would further submit that there is no previous case pending
as against the petitioner herein.
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5 Heard both sides and perused the materials available on
record.
6 Considering the rival submissions on either side, nature of
offences and the fact that already the major amount of Rs.25.00 lakhs has
been recovered and no previous case is pending against the petitioner,
taking into consideration of the period of custody undergone by the
petitioner, I am 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 learned Judicial Magistrate II, Tambaram, and on further conditions
that:
[b] the petitioner shall report before 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 he is accused, or suspected, or of the commission of
which he is suspected;
[d] the petitioner shall not abscond either during investigation or
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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 him 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 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 229A IPC.
13.05.2026
Index: Yes/No
Internet: Yes/No
Speaking/Non Speaking order
cgi
https://www.mhc.tn.gov.in/judis
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 Inspector of Police, Selaiyur Police Station.
2. Judicial Magistrate II, Tambaram.
3. The Public Prosecutor, Madras High Court.
Copy to:
The Superintendent of Prison, Central Prison, Puzhal.
https://www.mhc.tn.gov.in/judis
P.DHANABAL,J
cgi
13.05.2026
https://www.mhc.tn.gov.in/judis
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