Mukesh v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Mukesh S/o.Gyansingh, Gram Piprani, Piparani Dhar, Madhya Pradesh - 454 116.

..Petitioner(s) / Accused Vs State Rep. by Inspector of Police, Kovilpalayam Police Station, Coimbatore.

Crime No.547 of 2024 ..Respondent(s) / Complainant Prayer: Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on bail in Crime No.547 of 2024 on the file of the respondent Police. For Petitioner(s):

Mr.D.Padmanabhan For Respondent(s):

Mr.L.Baskaran, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 12.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2.

The petitioner, was arrested and remanded to judicial custody on 02.03.2025 for the alleged offences punishable under Sections 305(a), 317(2), 317(4) and 331(4) of BNS, 2023 in connection with Crime No.547 of 2024 on the file of the respondent-police.

3.

The case of the prosecution is that, on 31.10.2024, when the de facto complainant was not in house, the petitioner along with the other accused broke open the house of the de facto complainant and have stolen 118 1⁄2 sovereigns of gold and 75 carats of diamond jewellery and 1120 US dollars. Based on this, the present complaint was lodged and the same has been registered.

4. Mr.D.Padmanabhan, the learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been in judicial custody since 02.03.2025 and till date he is under incarceration. He however submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He therefore prays to grant bail to the petitioner.

5. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner along with

the other accused broke open the house of the de facto complainant and stolen gold and diamond jewellery. However, 26 sovereigns of gold has been recovered from the accused persons. He further submits that the investigation completed and the case has been taken on file in S.C.No.178 of 2025, by the District and Sessions Judge, Coimbatore, and has been made over Sessions Court for Trial of Bomb Blast Cases (FAC), Coimbatore. Accordingly, he prays for the dismissal of this petition.

6.

Heard on both sides. This Court has perused all the materials available on record.

7.

The petitioner was arrested on 02.03.2025. The case has been taken on file in S.C.No.178 of 2025. Considering the facts and circumstances of the case, the offence alleged against the petitioner and taking note of the fact that the petitioner has been under incarceration since 02.03.2025, this Court is of the view that further custody of the petitioner is not necessary in this case. Hence, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the Sessions Court for Trial of Bomb Blast Cases (FAC), Coimbatore.

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019'].The Sessions Court for Trial of Bomb Blast Cases (FAC), Coimbatore shall obtain a copy of any one of their identity proofs to ensure their identity.

(iii) The petitioner shall appear and sign before the Sessions Court for Trial of Bomb Blast Cases (FAC), Coimbatore, daily at 10.30 a.m. until further orders and shall also appear on all hearing dates without fail. It is made clear that the petitioner shall not leave the city of Coimbatore without getting prior permission from the Sessions Court for Trial of Bomb Blast Cases (FAC), Coimbatore.

(iv) The petitioner / accused shall keep the Investigating Officer and the Sessions Court for Trial of Bomb Blast Cases (FAC), Coimbatore updated about about his permanent as well as present place of residence and mobile number. Any change thereof shall be immediately intimated to the Investigating Officer. (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 2023.

(vi) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(vii) 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.

(viii) The petitioner shall also not directly or indirectly, cause any threat to the de facto complainant, victims, and witnesses. (ix) The petitioner shall not enter into the de facto complainant's house or his work place.

(x) The petitioner shall not try to contact the de facto complainant, victims, and witnesses either directly or through any electronic mode.

(xi) On breach of any of the aforementioned conditions, the Sessions Court for Trial of Bomb Blast Cases (FAC), Coimbatore or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

21-05-2026 Index: Yes/No Speaking/Non-speaking order rap 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.

R.SAKTHIVEL, J.

rap To 1.

The Sessions Court for Trial of Bomb Blast Cases (FAC), Coimbatore. 2.

The Superintendent of Prisons, Coimbatore Central Prison.

3.

The Inspector of Police, Kovilpalayam Police Station, Coimbatore.

4.

The Public Prosecutor, Madras High Court.

21-05-2026