Jayaraman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Jayaraman ..Petitioner(s) Vs State rep by The Inspector of Police, SHEVAPET Police Station, Salem District.

Crime No.01 of 2026 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the Petitioner on bail in Crime No.01 of 2026, on the file of the Respondent Police, and thus render justice.

For Petitioner(s):

M/S.W.Camyles Gandhi For Respondent(s):

Mr. A. Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.01.2026, for the offences punishable under Section

308(5) & 312 of BNS, in Crime No.01 of 2026, registered on the file of the respondent police, seeks bail.

2.The allegation against the petitioner is that the petitioner, in collusion with other accused, forcibly trespassed into the defacto complainant's house wearing a mask and attempted robbery at night, threatening with a knife and gun. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is falsely implicated in this case; both the parties are the residents of the same village and this case is foisted against the petitioner and for the past 38 days, the petitioner is in judicial custody and prayed to enlarge the petitioner on bail.

4.The learned Government Advocate (Crl.Side) for the respondent police reiterated the prosecution case and submitted that there are totally two accused involved in this case; the petitioner is the auto driver and the another accused is the uncle of this petitioner and both of them are the residents of the same village and the petitioner regularly taken the defacto complainant's child in his auto and knowing the position of the defacto complainant's family, the petitioner along

with other accused involved in the commission of offence. He further submitted that there is no previous cases pending against the petitioner and the investigation in this case is pending. Hence, he opposed for the grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, and the fact that it is the case of attempting robbery and that the petitioner has no previous case and the investigation in this case is pending, and considering the period of incarceration undergone by the petitioner from 03.01.2026, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-III, Salem, 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 respondent police everyday at 10:30 a.m., for a period of six weeks and thereafter as and when required for interrogation;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 09-02-2026 GBI

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, SHEVAPET Police Station, Salem District.

2.The Judicial Magistrate-III, Salem.

3.The Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

GBI 09-02-2026