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Madras High CourtCRL OP/11144/2026granted

Dhanush v. The State Represented By The Inspector Of Police

2026-05-06Honourable Mrs.Justice L.Victoria Gowri5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI

1. Dhanush

2. Bhuvanesh ..Petitioner(s) Vs The State represented by The Inspector of Police Villupuram Town Police station, Villupuram District.

(Crime No.65 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.65 of 2026 on the file of the respondent Police.

For Petitioners:

Mr.M.Machavatharan For Respondent:

Mr.V.J.Priyadarsana Govt. Advocate (Crl.Side)

ORDER

Petition seeking bail in respect of Crime No.65 of 2026 registered for the alleged offences punishable under Sections 238, 310(2), 310(4) and 61(2) of BNS, is on board for consideration.

2. The case of the prosecution is that the petitioners, along with other accused, waylaid the de facto complainant and robbed 4 kgs and 106 grams of gold and cash of Rs.5,50,000/- from him at a knife point. Hence the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are in no way connected with the alleged offence, however, they are suffering incarceration from 09.03.2026. He further submitted that the co-accused/A5 and A6 had granted bail by this Court on 21.04.2026 and that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that the petitioners have been arrayed as A7 and A8.

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

6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the

period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Villupuram 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for further interrogation; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 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];

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

06.05.2026 vkr/ham 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.I, Villupuram.

2. The Inspector of Police, Villupuram Town Police station, Villupuram District.

3. The Superintendent, District Prison, Villupuram.

4. The Public Prosecutor, High Court of Madras.

L.VICTORIA GOWRI, J.

vkr/ham 06-05-2026