Umapathy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

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

Crime No.550 of 2025 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the Petitioner on bail in Crime No.550 of 2025 on the file of the Respondent Police, and thus render justice.

For Petitioner(s):

Mr.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 10.01.2026 for the offences punishable under Section 310(4) of BNS in Crime No.550 of 2025, registered on the file of the respondent police, seeks bail. 2.

The case of the prosecution is that the petitioner along with other accused were preparing to commit dacoity. Hence, this case. 3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner is in judicial custody since 10.01.2026; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the petitioner is having 10 previous cases; and that the investigation of this case is pending. He further submitted that the co-accused have already granted bail by this Court in Crl OP No.30101 of 2025, dated 05.11.2025 and Crl OP No.35605 of 2025, dated 26.12.2025.

5.

Considering the facts and circumstances of the case, the nature of allegation leveled against the petitioner, though the petitioner has previous antecedents, taking note of the fact that the petitioner is in judicial custody since 10.01.2026, this Court is inclined to grant bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail on his 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 II, Ponneri 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 Judicial Magistrate II, Ponneri daily at 10:30 a.m., for a period of four weeks, other than the hearing dates before the concerned Court in other cases and thereafter, as and when required for interrogation by the respondent police; [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.State rep by The Inspector of Police, SHOLAVARAM Police Station, Tiruvallur District.

Crime No.550 of 2025 2.The Judicial Magistrate-II, Ponneri.

3.The Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

GBI 09-02-2026