Vinothraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.34149 of 2025 T.Vinothraj Petitioner Vs The State Represented by The Station House Officer, Thirupapuliyur Police Station, Cuddalore District.

Crime No.378 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.378 of 2025 on the file of the respondent police. For Petitioner:

M/s.N.Premalatha For Respondent:

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody

on 05.10.2025 for the alleged offence punishable under Sections 126(2), 140(2), 127(2), 115(2), 118(1), 310(2) and 311 of BNS, 2023 in Crime No.378 of 2025 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner joined hands with other accused was involved in the robbery of 350 grams of gold from the defacto complainant. Hence, a complaint was lodged and the petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 05.10.2025; that the property was recovered and that the petitioner is not having any previous cases against him. 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 five accused in this case and the petitioner is ranked as A3. He further submitted that out of 315 grams of the robbed gold, only 304.9 grams have been recovered and the remaining gold is yet to be recovered and that the investigation is still pending. However, he opposes to grant bail to the petitioner.

5. Considering the submissions made by the learned counsel on

either side, the fact that the petitioner is not having any previous case, and the petitioner is in judicial custody from 05.10.2025 and the majority of the gold jewels were recovered, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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.III, Cuddalore, 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.

15.12.2025 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.III, Cuddalore.

2.The Station House Officer, Thirupapuliyur Police Station, Cuddalore District.

3.The Superintendent, Central Prison, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J., drl CRL OP NO.34149 of 2025 15.12.2025