Kandhasami v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2026
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Kandhasami ... Petitioner Vs.
The State represented by, The Inspector of Police, Mecheri Police Station, Salem District.
(Crime No.121 of 2026).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail, in connection with Crime No.121 of 2026, pending investigation on the file of the respondent police.
For Petitioner :
Mr.C.Deepakkumar For Respondent :
Mr.S.Vinoth Kumar Government Advocate (Criminal Side)
O R D E R
Petition seeking bail in respect of Crime No.121 of 2026 registered for the offences punishable under Sections 331(4) and 62 of the BNS, is on board for consideration.
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2.
The learned counsel for the petitioner, pleading innocence on the part of the petitioner, who has been in incarceration since 04.04.2026 and false implication in the case, seeks indulgence of this Court. He also submits that solely based on suspicion, the petitioner was implicated in this case and that he has no bad antecedents. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court. 3.
The case of the prosecution as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of bail, is that the petitioner/A9, along with 13 other accused, attempted to commit dacoity at the house of the de facto complainant by breaking open the main door. However, on the de facto complainant raising an alarm, the accused persons fled from the scene. He further submits that the investigation in this case is still pending. He also submits that there is no previous case against the petitioner.
4.
Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent police and perused the materials available on record and considering the period of incarceration 2/5
undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum, to the satisfaction of the learned Judicial Magistrate No.II, Mettur, 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, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with 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 Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
29.04.2026 ham Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.
To 1.
The Judicial Magistrate No.II, Mettur.
2.
The Inspector of Police, Mecheri Police Station, Salem District.
3.
The Superintendent, Central Prison, Salem.
4.
The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
ham 29.04.2026 5/5