Moorthi v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Moorthi

2. Vasanth ..Petitioners Vs The State Rep. by, Inspector of Police, Mettur Police Station, Salem District. Crime No.10 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.10 of 2026 on the file of the Respondent.

For Petitioners:

Mr.C.Deepakkumar For Respondent:

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 10.01.2026 for the alleged offences under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.10 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.01.2026 at about 07.00 a.m., based on secret information, the respondent police went to the place of

occurrence and found that the petitioners and other accused were making preparation for committing dacoity. Hence, the case was registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have nothing to do with the alleged offence and a false case has been foisted against them. It is further submitted that they have been in custody since 10.01.2026 and are ready to abide by any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the allegation against the petitioners is that they were involved in preparation for committing dacoity and the first petitioner has got eight previous cases and the second petitioner has got four previous cases of similar nature. Hence, he opposed to grant bail to the petitioner.

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

6. This Court is of the view that considering the nature of allegation that the petitioners were preparing to commit dacoity on 10.01.2026 and they have been in custody since then and further taking into account the bad antecedents of the petitioners, as rightly contended by the learned Government Advocate

(crl.Side), if the petitioners are enlarged on bail, they are likely to misuse the liberty and become threat to the society. In such circumstances, this Court is of the view that at this juncture, it is not appropriate to consider the bail application.

7. Accordingly, this Criminal Original Petition stands dismissed. 15-04-2026 NSL To

1. The Judicial Magistrate-I, Mettur.

2. The Superintendent, Central Prison, Salem.

3. The Inspector of Police, Mettur Police Station, Salem District.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 15-04-2026