Vijayan v. Home, The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Vijayan S/o Arumugam, No.2-135, Periyandipatty, Kandrakulamanickam, Sankairi Taluk, Salem.

..Petitioner(s) Vs Home, The State Rep By, The Inspector of Police Mecheri Police Station, Salem.

Crime No.121 of 2026.

..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Cr.No.121 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.S.N.Subramani For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.04.2026 for the offences punishable under Sections 331(4), 62 of BNS altered to Section 310(4), 312 of BNS, in Cr. No.121 of 2026 on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 28.03.2026, when the defacto complainant and his wife were sleeping in their house, the petitioner and 13 other accused with intention to commit robbery in the house of the defacto complainant, tried to break open the main door with iron road, and when the defacto complainant and his wife raised noise, the accused ran away from there.

3. The learned counsel for the petitioner submitted that the respondent police have registered a false case against the petitioner. The petitioner is under judicial custody since 05.04.2026. Therefore, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there are 9 previous cases pending as against the petitioner and that the co-accused has been released on bail. However, he vehemently opposed the grant of bail to the petitioner.

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

6. Considering the rival submissions made on either side, the nature of the offences alleged against the accused, that though there are 9 previous cases pending as against the petitioner, they are not of similar nature, that the co-

accused has been released on bail and considering the period of judicial custody undergone by him, this Court is 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 No.III, Mettur, 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 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 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.

14-05-2026 Index: Yes/No Speaking/Non-speaking order TSG 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.III, Mettur

2. The Inspector of Police, Mecheri Police Station, Salem.

3. The Superintendent, Sub-Jail, Omalur

4. The Public Prosecutor, High Court, Madras

P.DHANABAL, J.

TSG 14-05-2026