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Madras High CourtCRL OP/24266/2025granted

Balamurugan v. The State Rep By The Inspector Of Police

2025-09-11Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. BALAMURUGAN S/o. Balasubramani. No.19, Palladam Road, Tiruppur .

Petitioner(s) Vs

1. The State Rep by The Inspector of Police Avinashipalayam Police Station, Tiruppur. Crime No.218 of 2025 Respondent(s) PRAYER To enlarge the petitioner on bail pending investigation in Crime No. 218/2025 on the file of the Inspector of Police, Avinashipalayam Police Station, Tiruppur. For Petitioner(s):

P.Thinesh G.D.Pon Prabhakaran

T.Babitha N.Suresh Babu For Respondent(s):

Mr.A. Gopinath, Government Advocate Crl. side

ORDER

The petitioner is in judicial custody for offence punishable under Sections 331(3), 331(4) and 305 of BNS, 2023, from 26.04.2025, in a case registered by the respondent police and now seeks bail.

2. The case of the prosecution is that the petitioner and other accused trespassed in to the house and committed theft. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the investigation has been completed and the final report has also been filed. Therefore, the petitioner may be released on bail. He further submitted that the co-accused has already been granted bail and sought parity in releasing the petitioner on bail.

4. The learned Government Advocate submits that the petitioner is having six previous cases. Hence, he raised objection to grant bail.

4. Considering the facts and circumstances of the case and also the fact that the investigation has been completed and final report also filed and also the the property was recovered from the petitioner. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Judicial Magistrate, Palladam, and on further conditions that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police daily at 10.30 a.m. And 05.30 p.m for the period of three months.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

08-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes pbl To 1.The Judicial Magistrate, Palladam.

2.The Inspector of Police, Avinashipalayam Police Station, Tiruppur.

3. The Superintendent of Prison, Central Prison, Tiruppur. 4.The Public Prosecutor, High Court, Madras 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.

T.V.THAMILSELVI J.

CRL OP No. 24266 of 11-09-2025