Durai Murugan @ B.Durai Pandiyan v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Durai Murugan @ B.Durai Pandiyan S/o. Babu, No.43, Sandhu Street, Iypedu Village, Sholinghur Taluk, Ranipet District.

..Petitioner(s) Vs State Rep. by Inspector of Police Sholinghur Police Station, Ranipet District.

Crime No.05/2026 ..Respondent(s) PRAYER:Criminal Original Petition filed under Section 483 of BNSS Act, 2023,pleased to enlarge the Petitioner on Bail in Crime No.05 of 2026 on the file of the respondent police and thus render justice. For Petitioner(s):

G.P. Sivakumar For Respondent(s):

Mr.C.E.Pratap Government Advocate(Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.01.2026, for the alleged offence punishable under Section 308(4) of BNS Act and 25(1A) of Arms Act, 1959 in Crime No.05 of 2026, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner joined hands with other accused involved in preparation to commit robbery and on prior information the police intervened and arrested the accused.

3. The learned counsel appearing for the petitioner submitted that the petitioner added as accused in this case for statistical purpose since he was having some bad antecedents and he is in judicial custody from 05.01.2026 and the co-accused were released on bail. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and submitted that the investigation in this case is pending and there are 7 previous case pending against the petitioner. Hence, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6.Considering the nature of the offence and also fact that no one injured in this case and it is a case of preparation to commit robbery and though the petitioner is having previous cases, considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his 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, Sholinghur, 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 petitioner shall report before the Trial Court daily at 10.30 a.m., for a period of four weeks.

[c] the petitioner shall not abscond either during

investigation or trial;

[d] the petitioner shall not tamper with the 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

19-02-2026 MPA 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 Judicial Magistrate, Sholinghur.

2.State Rep. by Inspector of Police Sholinghur Police Station, Ranipet District.

Crime No.05/2026 3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

MPA 19-02-2026