Thangavel v. The State Rep By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Thangavel S/o.Munusamy, No.307, Main Road, Karanai Post, R.N. Kandigai, Kanchipuram District.
..Petitioner(s) Vs The State represented by:
The Inspector of Police Anakkavur Police Station, Tiruvannamalai District.
..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.268 of 2025 pending on the file of the respondent police and pass such order or any other order and thus render justice.
For Petitioner(s):
Mr. A.Saranraj For Respondent(s):
Mr. S. Vinoth Kumar, Government Advocate (Criminal side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 02.01.2026 for the alleged offences under Section 309(4) of B.N.S. in Crime
No.268 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is on 25.12.2025, the petitioner along with other accused snatched gold jewels from the defacto complainant 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 02.01.2026 and he 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 property has been recovered from this petitioner only and the petitioner has involved in eight other previous cases. However, he fairly submitted that out of said eight previous cases, four cases have already been disposed of and the properties have also been recovered.
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, this Court could able to
find that the petitioner is under judicial custody since 02.01.2026 and this petitioner is A2. Though the learned Government Advocate appearing for the respondent police has strongly opposed the bail application on the ground that there are about 8 previous cases, out of the said 8 cases, four cases have already been disposed of. Therefore, taking into consideration the long incarceration of the petitioner from 02.01.2026 and upon the fact that properties have already 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, Cheyyar, Tiruvannamalai 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 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 Judicial Magistrate, Cheyyar, Tiruvannamalai District.
2. The Inspector of Police, Anakkavur Police Station, Tiruvannamalai District.
3. The Superintendent of Police, Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J.
MJS 24-03-2026