Bharath v. State Rep. By Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.05.2026
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL Bharath
...Petitioner
Vs.
State rep. by, The Sub Inspector of Police, Pernampet Police Station, Vellore District.
Crime No.133 of 2026.
...Respondent
Criminal Original Petition filed under Section 483 of BNSS, seeking to enlarge the petitioner on bail in Crime No.133 of 2026, pending on the file of the respondent police. For Petitioner : Mr.A.Magesh For Respondent : Mr.V.J.Priyadarsana Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 17.04.2026 for the offences punishable under Sections 191(2), 191(3), 326(g), 324(5) & 332(c) of BNS, 2023, in Crime No.133 of 2026, on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the petitioner, along with other accused, who are the relatives of the deceased, in order to wreak vengeance, trespassed into the house of the de facto complainant and damaged household articles worth about Rs.20,00,000/- by setting them on fire. Hence, the case.
3. Learned counsel for the petitioner submitted that the petitioner is an innocent college student, who was not even present at the scene of occurrence and he has been falsely implicated in this case and that, he is in custody for about a month. He further submitted that the petitioner's university examinations are scheduled to be held in the month of June, 2026 and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and also undertakes not to tamper with the witnesses. Hence, he prayed that the petitioner may be released on bail.
4. Learned Government Advocate (Criminal Side) appearing for the respondent reiterated the prosecution case and submitted that the offences committed by the petitioner are of heinous in nature. Hence, he strongly opposed to grant bail to the petitioner. Page No.2 of 6
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel on either side, nature of offences and also considering the fact that the de facto complainant is not an eye witness to the occurrence and she came to know about the same from one Roja, however, the statement of the said Roja was not recorded by the prosecution and further taking note of the fact that the petitioner is a college student and his university examinations are scheduled to be held in the month of June, 2026 and also considering the period of incarceration of the petitioner from 17.04.2026, 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, Gudiyatham, Vellore District and on further conditions that: [b] the petitioner shall report before the respondent police everyday at 06.30 p.m.
[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 Page No.3 of 6
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 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 of B.N.S.
14.05.2026 skt 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.
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To:
1. The Judicial Magistrate, Gudiyatham, Vellore District.
2. The Sub Jail, Gudiyatham, Vellore District.
3. The Sub Inspector of Police, Pernampet Police Station, Vellore District.
4. The Public Prosecutor, High Court, Madras.
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P.DHANABAL , J.
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