Eeba @ Dhilip v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Eeba @ Dhilip

2. Deena ..Petitioners Vs The State represented by The Inspector of Police, Virinchipuram P.S Vellore District, Tamilnadu.

Crime No. 54 of 2026.

..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail pending investigation in connection with Crime No.54 of 2026 on the file of the Respondent Police.

For Petitioners:

Mr.P.Sriram For Respondent:

Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 18.04.2026 for the alleged offences under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.54 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners were involved in the theft of a two-wheeler, mobile phone belonging to the defacto complainant and also extorted a sum of Rs.600/- from him. Hence, the case was registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and has been falsely implicated in the case. It is further submitted that the petitioners have been in judicial custody for more than 37 days. The learned counsel would submit that the petitioners are a law-abiding citizen and their implication in the case is only for statistical purposes. Hence, he prayed for grant of bail to the petitioners.

4. The learned Counsel for Government of Tamilnadu (Criminal Side) appearing for the respondent submitted that one previous case is pending against the first petitioner. However, it is submitted that the stolen properties have already been recovered from the accused.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. From the submission of the learned counsel on either side, this Court is of the view that though one previous case is stated to be pending against the first petitioner, the property involved in the case has already been recovered. Taking into consideration the long incarceration of the petitioners since 18.04.2026 and the recovery of the properties, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties each for a like sum each to the satisfaction of the learned Judicial Magistrate No. IV, Vellore, and subject to the following conditions:

[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 petitioners shall report before the respondent police daily at 10.30 a.m. for a period of 30 days and thereafter as and when required for interrogation;

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

[d] the petitioners 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 take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

05-06-2026 NSL 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 learned Judicial Magistrate No. IV, Vellore.

2. Central Prison, Vellore.

3. The Inspector of Police, Virinchipuram Police Station, Vellore District, Tamilnadu.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 05-06-2026