Maheindran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Maheindran S/o.Mathesh, D.No.4/151E41A, Periyar Nagar, Thangamapuripattinam, Mettur Taluk, Salem-636 402.

..Petitioner(s) Vs State represented by:

The Inspector of Police, Karumalaikoodal Police Station, Salem District.

(Ref 527 of 2025 U/s. 309 (4) and 311 BNS, 2023 dt 03-10-2025) ..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the Petitioner on bail in Cr.No.527 of 2025 on the file of the Inspector of Police, Karumalaikoodal Police Station, Salem District. For Petitioner(s):

Mr. A.Ashok Kumar For Respondent(s):

Mr. S. Vinoth Kumar, Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.10.2025 for the alleged offences under Sections 309(4) and 311 of B.N.S. in Crime No.527 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is on 03.10.2025, the petitioner waylaid the defacto complainant and robbed Rs.700/- from him at knife point. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been under incarceration since 03.10.2025. He would further submit that the petitioner is ready and willing to abide by any condition that may be imposed by this Court and hence prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and objected the bail application on the ground that the petitioner is involved in 17 other previous cases and hence if he is enlarged on bail, there is every likelihood of absconding. At this juncture, the learned counsel for the petitioner submitted that in many of the cases, the petitioner was acquitted and he has been cooperating for trial.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. From the submissions made on either side, it is seen that the petitioner

is under judicial custody since 03.10.2025 and as rightly contended by the learned petitioner's counsel, the petitioner is participating in the trial and he has been acquitted from many of the previous cases. In view of the above said factual position, taking into consideration the long incarceration of the petitioner from 03.10.2025 and upon the fact that the petitioner has been acquitted in 7 cases, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent conditions:

7. 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 Additional District Judge No.1, Mettur, Salem District 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 sign before the respondent police daily twice at 10.30 a.m. and 5.30 p.m. until further orders. No relaxation petition shall be entertained within a period of 60 days.

[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 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]:

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

24-03-2026 MJS 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 Additional District Judge No.1, Mettur, Salem District.

2. The Inspector of Police, Karumalaikoodal Police Station, Salem District.

3. The Superintendent of Police, Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 24-03-2026