Citation : 2026 Latest Caselaw 2545 Mad
Judgement Date : 13 May, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL.O.P.No.12282 of 2026
Arulraj
..Petitioner
Vs
State Rep. By Inspector of Police
Perumanallur Police Station, Tiruppur District.
..Respondent
Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S. to
enlarge the petitioner on bail, pending investigation of the case in the Crime
No.57 of 2026 on the file of the Respondent and thus render Justice
For Petitioner : Mr.M.Vijaya Ragavan
For Respondent : Mr.R.Vinothraja,
Government Advocate.
ORDER
The petitioner, who was arrested and remanded to judicial custody on
23.02.2026 for the offences punishable under Sections 305(a) and 331(4) of
BNS, 2023 (Old Corresponding Section 380 and 456 of IPC) in Crime No.57 of
2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner trespassed into the
residential house of the de facto complainant and committed theft of a sum of
Rs. 65,000/-. Hence, the present case.
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3. The learned counsel for the petitioner submitted that the respondent
police have registered a false case against the petitioner. The petitioner is under
judicial custody since 23.02.2026. He further submitted that the petitioner is an
innocent person and he has not committed any offence as alleged by the
prosecution. Therefore, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) reiterated the
prosecution case and submitted that the petitioner has six previous cases
registered against him. Hence, he vehemently opposed the grant of bail to the
petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side, the nature of
the offences charged against the accused, and taking into consideration that the
entire stolen amount has already been recovered, and that the petitioner was not
named in the First Information Report (FIR) and the duration of custody
undergone by the petitioner, this Court is 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 __________ Page2 of 6 https://www.mhc.tn.gov.in/judis sum to the satisfaction of the learned Judicial Magistrate,
Avinashi, Tiruppur District and on further conditions that:
[b] The petitioner shall report before the Inspector of
Police, Dharapuram Police Station, daily at 10:30 A.M., until
further orders;
[c] the petitioner shall not commit any offence similar to
the offence of which she is accused, or suspected, or of the
commission of which she is suspected;
[d] the petitioner shall not abscond either during
investigation or 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 her 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].
__________ Page3 of 6 https://www.mhc.tn.gov.in/judis [g] If the accused thereafter absconds, a fresh FIR can be registered under
Section 269 B.N.S.2023.
13-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No kmm
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.
__________ Page4 of 6 https://www.mhc.tn.gov.in/judis To
1. Judicial Magistrate, Avinashi, Tiruppur District
2. The Inspector Of Police Perumanallur Police Station, Tiruppur District.
3. The Superintendent, Central Prison, Coimbatore.
4. The Public Prosecutor, High Court of Madras.
__________ Page5 of 6 https://www.mhc.tn.gov.in/judis P.DHANABAL, J.
kmm
13.05.2026
__________ Page6 of 6 https://www.mhc.tn.gov.in/judis
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