Santhakumar v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.32562 of 2025 Santhakumar Petitioner Vs The State Represented by The Inspector of Police, Kitchipalayam Police Station, Salem District.
Crime No.342 of 2025.
Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.342 of 2025 on the file of the respondent police. For Petitioner:
Mr.E.C.Ramesh For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 07.11.2025 for the alleged offence punishable under Sections 126(2), 127(2), 296(b), 310(2), 311 and 351(3) of BNS, in Crime No.342 of 2025, seeks bail.
2. The allegation against the petitioner is that the petitioner joined hands with other accused was involved in robbing a sum of Rs.7,500/- from the defacto complainant. Hence, the complaint was lodged and the petitioner was arrested.
3. Learned counsel appearing for the petitioner submitted that the petitioner does not have any bad antecedents and was not aware of the involvement of the other accused in the robbery. He further submitted that A1 to A3 were arrested and are in judicial custody. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the
respondent police reiterated the prosecution case and submitted that there are totally 11 accused in this case, and the petitioner is ranked as A5. He further submitted that the property was recovered and that the petitioner has no previous case against him. Hence, he opposes to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions made by the learned counsel on either side, the fact that the property was recovered, the petitioner has no previous case and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner.
7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Salem 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 concerned Court daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.
[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 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 27.11.2025 drl 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 Judicial Magistrate No.II, Salem.
2.The Inspector of Police, Kitchipalayam Police Station, Salem District.
3.The Superintendent, Central Prison, Salem.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.32562 of 2025
27.11.2025