S.Venkatesan v. State Rep.By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.05.2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1.

S.Venkatesan S/o.Srinivasan 2.

Suresh S/o.Venugopal 3.

Rathinavelu @ Rathinavel S/o.Sambath 4.

Muthuvel S/o.Sambath 5.

Loganathan S/o.Natrajan 6.

Sakthivel S/o.Sambath 7.

Simbu S/o.Kubendiran 8.

Naveen Kumar S/o.Palani 9.

Thirumalai, S/o.Singaravelan ... Petitioners/A1, A2, A3, A4, A5, A6, A8, A9 & A10 Vs.

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The State represented by, The Sub Inspector of Police, Pernampet Police Station, Vellore District, Tamil Nadu.

(Crime No.133 of 2026) ... Respondent /Complainant PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioners / Accused on bail in connection with the Cr.No.133 of 2026 pending investigation on the file of the respondent police. For Petitioners :

Mr.B.Thirumalai For Respondent :

Mr.L.Baskaran Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioners on 19.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2.

The petitioners, who are respectively arrayed as A1, A2, A3, A4, A5, A6, A8, A9 & A10, were arrested and remanded to judicial custody on 17.04.2026 for the alleged offences punishable under Sections 191(2), 191(3), 326(g), 324(5) and 332(c) of BNS, 2023, in Crime No.133 of 2026 on the file of the respondent-police. 2/8

3.

The case of the prosecution is that on 17.04.2026, the de facto complainant reported that the petitioners, along with the other accused, conspired together and trespassed on the house of the de facto complainant and caused damage to the household articles worth about Rs.20,00,000/-. Based on this, the present complaint was lodged and the aforesaid case has been registered.

4.

Mr.B.Thirumalai, the learned counsel for the petitioners, submits that this is a case of case and counter case. He further submits that the co-accused / A7 has already been released on bail by this Court in Crl.O.P.No.12957 of 2026. He further submits that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He further submits that the present case has been registered solely to harass them. He, however, submits that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. He, therefore, prays for the grant of bail to the petitioners. 5.

Per contra, Mr.L.Baskaran, the learned Government Advocate 3/8

(Criminal Side) appearing for the respondent-police submits that the accused trespassed on the house of the de facto complainant and damaged the household articles worth Rs.20,00,000/- and had set fire on them. He further submits that the petitioners have one previous case of similar nature. Hence, he opposes the grant of bail to the petitioners and accordingly, he prays to dismiss the petition. 6.

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

7.

The petitioners were arrested on 17.04.2026. The petitioners have permanent residence. Considering the same and taking note of the facts and cumulative circumstances of the case and the offence alleged against the petitioners and that the co-accused was released on bail and taking into account the fact that the petitioners are ready to deposit a sum of Rs.20,000/- each (Rupees Twenty Thousand only), this Court is inclined to grant bail to the petitioners, however, subject to certain conditions.

(i) The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a 4/8

like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate Gudiyatham, Vellore District.

(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 learned Judicial Magistrate Gudiyatham, Vellore District shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioners shall deposit a sum of Rs.20,000/- each (Rupees Twenty Thousand only) to the credit of the Crime No.133 of 2026 on the file of the respondent-police, before the learned Judicial Magistrate Gudiyatham, Vellore District. In turn, the learned Judicial Magistrate shall deposit the said amount in a nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.133 of 2026.

(iv) The petitioners shall appear and sign before the respondent-police daily at 10.30 a.m. until further orders. (v) The petitioners shall furnish their residential address and mobile numbers to the learned Judicial Magistrate Gudiyatham, Vellore District.

(vi) The petitioners shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 2023.

(vii) The petitioners shall not commit an offence similar to 5/8

the offence of which they are accused, or suspected, of the commission of which they are suspected.

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

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

(xii) On breach of any of the aforementioned conditions, the Judicial Magistrate Gudiyatham, Vellore District, or Trial Court is entitled to pass appropriate orders against the petitioners 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 rap 6/8

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.

To 1.

The Judicial Magistrate Gudiyatham, Vellore District. 2.

The Superintendent of Prisons, Gudiyatham Sub Jail, Vellore District.

3.

The Sub Inspector of Police, Pernampet Police Station, Vellore District, Tamil Nadu.

4.

The Public Prosecutor, Madras High Court.

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R.SAKTHIVEL,J rap Order made in 21.05.2026 8/8