Arun Alias Arun Kumar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.4235 of 2026 Arun @ Arunkumar ... Petitioner -vsState Rep by, The Inspector of Police, Vedaranayam Police Station, Nagapattinam District.

(Crime No.28 of 2026) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.28 of 2026 on the file of the respondent police.

For Petitioner :

Mr.T.Gokulakrishnan For Respondent :

Dr.C.E.Pratap Government Advocate (Crl. Side) *********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.01.2026 for the alleged offences punishable under Sections 296(b), 115(2), 308(5), 351(3) of BNS r/w Section 25(1A) of the Indian Arms Act, in Crime No.28 of 2026, registered on the file of the respondent police, seeks bail. 1/5

2. The allegation against the petitioner is that he is ranked as A2 in this case. It is alleged that the petitioner joined hands with other accused, abused the defacto complainant in filthy language and robbed a sum of Rs.1000/- from him by spraying pepper spray and also threatened him with sickle. Hence, a case has been registered and the petitioner was arrested.

3. The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 25.01.2026 and that he has not have any previous case pending against him. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally two accused in this case, and the petitioner is ranked as A2. He further submitted that the petitioner has no previous case and that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

5. Considering the submissions made by the learned counsel on either side, the nature of the allegations, the fact that the petitioner is not having any previous case, and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his 2/5

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 District Munsif cum Judicial Magistrate Court, Vedaranyam, 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 and thereafter as and when required for interrogation. [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 3/5

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.

20.02.2026 drl 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 District Munsif cum Judicial Magistrate Court, Vedaranyam.

2.The Inspector of Police, Vedaranayam Police Station, Nagapattinam District.

3.The Superintendent, Sub Jail, Nagapattinam.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.4235 of 2026 20.02.2026 5/5