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Madras High CourtCRL OP(MD)/688/2026granted

Dharmalingam v. State Of Tamilnadu Rep By Inspector Of Police, Kulithalai

2026-01-20Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). Nos.688, 692, 695 & 698 of 2026 Dharmalingam ... Petitioner/Accused (In all petitions) Vs State of Tamilnadu Rep by, The Inspector of Police, Kulithalai Police Station, Karur District.

(Crime Nos.705 to 708 of 2025) ... Respondent/Complainant (In all petitions) (In all petitions) For Petitioner : Mr.V.Vishnu For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/6

PETITION FOR BAIL Under Sec.483 of BNSS COMMON PRAYER :- For Bail in Crime Nos.705 to 708 of 2025 on the file of the respondent police.

COMMON ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 10.12.2025 for the offences punishable under Sections 303(2) of BNS, in Crime Nos.705 to 708 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainants found that their bikes were missing and that the petitioner had committed theft of the said bikes. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 10.12.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the defacto complainants found that their bikes were missing and that the petitioner had committed theft of the said bikes. He further submitted that the properties were recovered. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the fact that the properties were recovered and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Kulithalai, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. 3/6

[b] The petitioner shall report before the Trial Court daily at 10.30 a.m. and before the respondent police at 5.30 p.m. No relaxation shall be considered for the next one month.

[c] the petitioner shall not tamper with the 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 is 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 BNS.

(S S Y J) 20.01.2026 jbr 4/6

TO

1. The Judicial Magistrate No.2, Kulithalai.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, Kulithalai Police Station, Karur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) Nos. 688, 692, 695 & 698 of 2026 Date : 20/01/2026 6/6