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Madras High CourtCRL OP/4155/2026granted

Dinesh v. The State Rep By,

2026-02-19Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Dinesh S/o. Sakthivel, No.5595, TNHB QRTS, Semmanjeri, Sholinganallur, Chengalpattur district.

..Petitioner(s) Vs The State Rep By, The Inspector of Police, Padalam Police Station, Chengalpattu District.

Crime No.02 of 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.02 of 2026 on the file of the respondent Police and thus render justice. For Petitioner(s):

P.Muthamizhselvakumar 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 311 of BNS in Crime No.02 of 2026, on the file of the respondent police, seeks bail.

2. The allegation against this petitioner is that, the petitioner is ranked as A1 and he joined hands with two other accused involved in robbery of 1⁄2 sovereigns of gold ring and also cell phone of the defacto complainant. Hence, the complaint was lodged and the petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that the petitioner was having some previous cases, hence on suspicion he was arrested and is in incarceration from 05.01.2026 and the property has been seized. Hence, he prayed to grant bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioner is habitual offender and having 3 previous cases and that if the petitioner is granted bail there is likelihood that he will indulge in similar offences. Hence, he opposed to grant bail to the him.

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

6. Considering the submissions made on learned counsel on either side and the fact that the petitioner is in incarceration since 05.01.2026 and the property has been recovered and though the petitioner is having previous cases, considering the nature of the offence and other circumstances, this Court is inclined to grant bail to the petitioner.

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 Court-II, Maduranthakam, 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 respondent police daily at 10.30 a.m., for a period of three 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 Court-II, Maduranthakam, 2.The State Rep By, The Inspector of Police, Padalam Police Station, Chengalpattu District.

Crime No.02 of 2026 3.The Superintendent, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

MPA 19-02-2026