Harihara Sudhan Ayyappan v. The State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Harihara Sudhan Ayyappan ..Petitioner Vs State Rep. by Inspector of Police, K.G.Chavadi Police Station, Coimbatore District.

(Crime No.51 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.51 of 2026 pending on the file of the Respondent Police. For Petitioner:

Mr.A.Saranraj For Respondent:

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.05.2026 for the alleged offences under Sections 311 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.51 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is a college student. A3 and the defacto complainant were studying in the same college. On the date of occurrence, when the defacto complainant and his friend were in their room, A1 and A2 allegedly trespassed into the house, threatened them with a knife and robbed the defacto complainant's motorcycle, while A3 was waiting outside. Subsequently, after arrest, the vehicle was recovered from A3. Hence, the case was registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A2. According to the prosecution, the allegation against him is that he along with A1, took the motorcycle of the defacto complainant at knife point. The petitioner has been in judicial custody since 14.05.2026. The learned counsel would further submit that A3 and the defacto complainant are studying in the same college and this petitioner is only a friend of A3. It is further submitted that the entire issue arose out of non-return of the motorcycle and A3 has already been enlarged on bail by this Court in Crl.O.P.No.13832 of 2026 dated 27.05.2026. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and would submitted that the petitioner has no previous cases.

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 the petitioner has been in custody since 14.05.2026. The coaccused A3 has already been enlarged on bail by this Court in Crl.O.P.No.13832 of 2026 dated 27.05.2026. Taking into consideration the nature of allegations, the fact that the petitioner is a friend of A3, the absence of any previous criminal antecedents, this Court is inclined to enlarge the petitioner on bail, 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 for a like sum each to the satisfaction of the learned District Munsif-cum-Judicial Magistrate Court, Madukkarai, 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 petitioner shall report before the 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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner 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 petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

23-06-2026 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 District Cum Judicial Magistrate Court, Madukkarai.

2. Central Prison, Coimbatore.

3. The Inspector of Police, K.G.Chavadi Police Station, Coimbatore District.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 23-06-2026