V.Santhosh v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL V.Santhosh ..Petitioner(s) Vs The Sub Inspector of Police, Kondapalayam Police Station, Ranipet District.

..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.51 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.K.Sabapathy For Respondent(s):

Mr.R.Vinothraja, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.04.2026 for the offences punishable under Sections 314 and 318(4) of BNSS, 2023 in Cr. No.51 of 2026 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner who engaged as a Forklift Operator at the defacto complainant's company, colluded with other accused, dishonestly misappropriated 5 tonnes of Aluminium materials worth about Rs.13,00,000/-. Hence, the complaint.

3. The learned counsel for the petitioner contended that the respondent police have registered a false case against the petitioner. He further submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been in custody since 01.04.2026. Hence, he prayed that the petitioner may be released on bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner colluded with other accused and misappropriated the 5 tonnes of Aluminium materials worth about Rs.13,00,000/-. Upon verification of the CCTV footage and internal enquiry, the involvement of the accused came to light and stated that the Aluminium material has not been recovered. He further submitted that the no previous case is pending against the petitioner, the other co-accused were already arrested and they are still under the custody and that the investigation in this case is at crucial stage. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, nature of offence, the overact leveled as against the petitioner, there is no previous case pending against the petitioner and also considering the period of incarceration undergone

by the petitioner, I am inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sholinghur and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

13-05-2026 Index: Yes/No Speaking/Non-speaking order JAI 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 Inspector of Police, Kondapalayam Police Station, Ranipet

2. The JM Sholinghur, Ranipet District.

3. The Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

JAI 13-05-2026