Sketchmani@Subramani v. The State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL Sketchmani @ Subramani S/o. Selvaraj, No.13,1st Cross Street, Annai Indira Nagar, Ariankuppam Commune Panchayat, Pondichery - 605 007.
..Petitioner/Accused No.4 Vs.
The State rep. by The Inspector of Police, Villupuram Town Police Station, Villupuram District.
(Crime No.65/2026) ..Respondent/Complainant Prayer: This Criminal Original Petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the Petitioner on bail in Crime No.65 of 2026 on the file of the Respondent Police, pending investigation.
For Petitioner :
Mr.M.P.Yuvaraj For Respondent :
Mr.L.Baskaran, Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed by the Petitioner on 19.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
2. The Petitioner/Accused was arrested and remanded to judicial custody on 07.03.2026, for the alleged offences punishable under Sections 238, 310(2), 310(4) & 61(2) of BNS, 2023 in Crime No.65 of 2026 on the file of the Respondent-Police.
3. The case of the prosecution is that the de facto complainant is doing a jewellery business for the past 20 years. On 03.03.2026, while the de facto complainant was proceeding in his two wheeler, Petitioner along with other accused waylaid the de facto complainant and robbed 4 Kilograms & 106 Grams of Gold and Rs.5,50,000/- cash from him. Hence, the de facto complainant lodged a complaint to the Respondent-Police regarding the said incident. Based on the complaint given by the de facto complainant, the Respondent-Police registered a case against the Petitioner and other accused.
4. Mr.M.P.Yuvaraj, 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
under the judicial custody since 07.03.2026 and he is ready to abide by any stringent conditions that may be imposed by this Court. Therefore, the learned counsel prays to grant bail to the Petitioner.
5. Per contra, Mr.L.Baskaran, the learned Government Advocate (Criminal Side) appearing for the Respondent-Police submits that out of the 4.106 Kilograms of gold stolen from the de facto complainant, 4.013 Kilograms of gold has been recovered and out of the alleged stolen amount of Rs.5,50,000/-, part of the amount has been recovered. He further submits that one previous case is pending against the Petitioner and the investigation of this case is not yet completed. Under these circumstances, if the Petitioner is released on bail, he may either abscond or tamper the witnesses of the case. Therefore, the learned Government Advocate (Crl.Side) submits that he has strong objection to grant bail to the Petitioner and also, he prays to dismiss this petition.
6. Heard the learned counsel on both sides. This Court has perused all the materials available on record.
7. The petitioner was arrested on 07.03.2026. The petitioner is a married man and he has deep roots in the society. Therefore, there is less possibility of
absconding. Considering the nature of offence alleged against the Petitioner and with a view to grant an opportunity to the Petitioner to reform himself, this Court is inclined to grant bail to the Petitioner, subject to the following conditions:
(i) The Petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the learned Judicial Magistrate No.I, Villupuram.
(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 No.I, Villupuram shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The Petitioner shall appear and sign before the Respondent-Police daily at 10.00 a.m., until further orders.
(iv) The Petitioner shall furnish his residential address and mobile numbers to the learned Judicial Magistrate No.I, Villupuram. (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 and witnesses.
(ix) The Petitioner shall not enter into the de facto complainant's house or her work place.
(x) The Petitioner shall not try to contact the de facto complainant and witnesses either directly or through any electronic mode. (xi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.I, Villupuram 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 mrr
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.I, Villupuram.
2.The Superintendent, Sub Jail Vedampattu, Villupuram District.
3.The Inspector of Police Villupuram Town Police Station, Villupuram District.
4.The Public Prosecutor, High Court, Madras.
R.SAKTHIVEL, J.
mrr 21-05-2026