Sree v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sree ..Petitioner Vs State rep by The Inspector of Police Kanakammachatram Police Station, Chennai Thiruvallur District.

Crime No. 239/2025.

..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS, to enlarge the Petitioner on bail in Crime No.239 of 2025 on the file of the respondent. For Petitioner:

Mr.P.Krishna Moorthy For Respondent:

Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.03.2026 for the alleged offences under Sections 309(4), 311 BNS in Crime No.239 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner assaulted the de facto complainant and robbed Rs.17,25,000/- at knife point. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in custody since 13.03.2026 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that there are about seven accused in this case and the present petitioner is arrayed as A4 and he has got two previous cases pending against him. He also fairly conceded that some of the co-Accused have already been released on bail. He further submitted that only portion of the robbed money has been recovered. Hence, he opposed to grant bail to the petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); taking into consideration that the co-Accused have already been released on bail in Crl.OP.Nos.12167 and 13272 of 2026 and Crl.MP.No.1906 of 2026 and the submission of the learned counsel for the petitioner that part of the robbed money for a sum of Rs.1,00,000/- has been recovered, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruttani and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the learned respondent police daily at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

05-06-2026 SHL 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, Tiruttani

2. The Inspector of Police Kanakammachatram Police Station, Thiruvallur District.

3. The Superintendent, The Central Prison Jail-II, Puzhal

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN, J.

SHL 05-06-2026