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Madras High CourtCRL OP/11680/2026granted

N.Saroja v. State Represented By, The Inspector Of Police,

2026-05-13Honourable Mrs.Justice L.Victoria Gowri6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.05.2026

CORAM

The Hon`ble Mr.Justice P.DHANABAL CRL OP.No.11680 of 2026 N.Saroja ... Petitioner /Accused Vs State rep. by:- The Inspector of Police, Pollachi West Police Station, Coimbatore District.

... Respondent [Cr. No.60 of 2026] PRAYER: - Criminal Original Petition filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail pending investigation in Crime No.60 of 2026 on the file of the respondent. For Petitioner : Mr.K.Balasubramaniam For Respondent : Mr.R.Vinothraja Government Advocate (Criminal side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.03.2026 for the alleged offences punishable under Sections 329(3), 309 (3), 103 (1) BNS/Section 447, 390, 302 of IPC in Cr. No.60 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de-facto complainant's mother was residing at No.21, Anbu Nagar, Pollachi and on 21.02.2026, when the de-facto complainant went to his mother's house to provide food, there was no response despite knocking the door. Thereafter, he broke open the door and found his mother lying dead inside the house and her gold ornaments were missing. Hence, the case.

3. The learned counsel for the petitioner would contend that the petitioner has been falsely implicated and that he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been remanded to judicial custody on 25.03.2026 and she is aged about 76 years. Hence, he prayed to grant bail. 2/6

4. The learned Government Advocate (Criminal Side) would submit that the respondent police recovered 8.5 sovereigns of gold from the petitioner. He further submits that upon learning of the loneliness of the deceased, the accused entered the house of the deceased and stole her gold ornaments. He fairly submitted that no previous case has been pending against the petitioner. However, he objected 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, considering the nature of offence and that no previous case is pending against this petitioner and also considering the age of the petitioner and the incarceration period of the petitioner from 25.03.2026 and as also the fact that by this time major part of the investigation might have been completed, 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 3/6

Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate II, Pollachi and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is 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 him 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 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 4/6

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 229A IPC.

13.05.2026 Index: Yes/No Internet: Yes/No Speaking/Non Speaking order mp 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 II, Pollachi 2.The Public Prosecutor, Madras High Court, Chennai. 3.The Inspector of Police, Pollachi West Police Station, Coimbatore District.

4.The Central Prison, Coimbatore.

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P.DHANABAL ,J mp CRL. O.P. No.11680 of 2026 13.05.2026 6/6