Aswanth J v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

1. Aswanth J

2. Arvindan

3. Mohan Mani ... Petitioner(s) Vs.

The State rep. by The Inspector of Police, R9 Valasaravakkam Police Station, Chennai.

... Respondent(s) Crime No.381 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.381 of 2026 pending on the file of the respondent police.

For Petitioner(s) : Mr.D.Padmanabhan For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 20.05.2026 for the alleged offences under Sections 115(2), 126(b), 190, 296(b), 311 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.381 of 2026 on the file of the respondent police, seek bail. 1/6

2. The case of the prosecution is that the petitioners waylaid the defacto complainant, robbed a sum of Rs.700/- from him at knife point and threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners have been under incarceration since 20.05.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the prosecution case and, on instructions, submitted that the first petitioner has six previous cases, the second petitioner has three previous cases and the third petitioner has two previous cases. However, he fairly submitted that the stolen money has been recovered from the petitioners and that the investigation has already been completed.

5. Considering the above facts and circumstances, particularly the period of incarceration undergone by the petitioners, the fact that the stolen property has been recovered, and also the fact that the investigation has already been 2/6

completed, this Court is inclined to enlarge the petitioners on bail, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on their 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 No.1, Poonamallee, 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 stay at Theni and report before the Inspector of Police, B1 -Theni City Police Station, Dindigul - Theni, N Main Rd, NRT Nagar, Theni, Tamil Nadu 625531 everyday at 10.30 a.m. for a period of two weeks 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 3/6

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.

18.06.2026 skr 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. 4/6

To

1. The learned Judicial Magistrate No.1, Poonamallee,

2. The Superintendent, Central Prison-II, Chennai

3. The Inspector of Police, R9 Valasaravakkam Police Station, Chennai.

4. The Inspector of Police, B1 -Theni City Police Station, Dindigul - Theni, N Main Rd, NRT Nagar, Theni, Tamil Nadu 625531

5. The Public Prosecutor, High Court of Madras 5/6

C.KUMARAPPAN,J.

skr 18.06.2026 6/6