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Madras High CourtCRL OP/24604/2025granted

T.Dineshkumar v. The State Rep By

2025-09-10Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI T.Dineshkumar S/o.Thirumoorthi, No.272-A, Keezhmalampatti, Puliyampatti Post, Puliyampatti, Krishnagiri District - 635 206.

Petitioner(s) Vs The State rep by The Inspector of Police, Pochamapalli Police Station, Krishnagiri. Crime No.273 of 2025 Respondent(s) PRAYER To enlarge the Petitioner on bail in Crime.No.273 of 2025 on the file of the respondent police.

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For Petitioner(s):

Mr. M.Vignesh For Respondent(s):

Mr.A.Gopinath, Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.08.2025 for the alleged offence under Section 304(2) of BNS in Crime No.273 of 2025 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 20.08.2025 around 08.00 p.m., when the defacto complainant was seated in front of her fruit shop near BhaskarMaligai, Pochampalli, one unidentified person suddenly came from the side of Draupathiyamman Temple and snatched thegold chain weighing about 2 sovereigns from her neck and fled away. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that the entire allegation is false, vindictive, wanton and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He 2/7

would submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 20 days from 21.08.2025. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that as per the complaint, the accused illegally came to the defacto complainant's shop and snatched 2 sovereigns of gold chain from her neck and now the property was recovered and no previous case pending against him. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances and the fact that according to prosecution, the petitioner is having committed the offence of robbery, however, the property was recovered from him and no previous case pending against him and the fact that the investigation is almost completed and also considering the period of incarceration undergone by the petitioner for more than 20 days from 21.08.2025, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) as non-refundable deposit into the credit of 3/7

registered Advocates Clerks Association, Krishnagiri and on such deposit, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Pochampalli, and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned 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. for period of three months; (c) the petitioner shall not commit any offences of similar nature;

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

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

(f) on breach of any of the aforesaid conditions, the learned Judicial 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 4/7

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]; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

10-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. District Munsif cum Judicial Magistrate, Pochampalli. 2.The Inspector of Police, Pochampalli Police Station, Krishnagiri Dt.

3. The Superintendent of Prison, Sub-Jail, Dharmapuri. 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.

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T.V.THAMILSELVI J.

rpp CRL OP No. 24604 of 10-09-2025 7/7