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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Vairamuthu S/o.Senthilkumar, No.7/261, Subam Compound, Chennimalai palayam, Ganapathi palaiyam Post, Palladam Taluk, Tiruppur District.

..Petitioner(s) Vs The State represented by:

The Inspector of Police Veerapandi Police Station, Tiruppur District.

(Crime No.80 of 2026) ..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, pending investigation of the case in the Crime No.80 of 2026 on the file of the Respondent. For Petitioner(s):

Mr. M.Vijaya Ragavan For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 22.02.2026 for the alleged offences under Section 303(2) of B.N.S. in Crime No.80 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 14.02.2026, the petitioner had stolen the defacto complainant's two wheeler, which was parked in front of his shop. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody since 22.02.2026 and 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. However, he would fairly submit that property has been recovered and there is no previous case pending against the petitioner.

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 clear that as against this petitioner, there is no previous case. This is a case of theft of two wheeler and subsequently, the property was recovered. The petitioner has been under

incarceration since 22.02.2026. Therefore, considering the long incarceration of the petitioner since 22.02.2026 and by this time, investigation might have been completed, hence further custodial interrogation of the petitioner is not required. Further upon the fact that the property has been recovered, 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 Judicial Magistrate No.IV, Tiruppur 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 at 10.30 a.m. for a period of two weeks and thereafter as and when required by the investigation officer 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 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.

25-03-2026 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 Judicial Magistrate No.IV, Tiruppur.

2. The Inspector of Police, Veerapandi Police Station, Tiruppur District.

3. The District Jail, Tiruppur.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 25-03-2026