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Madras High CourtCRL OP(MD)/3322/2026granted

Vetriselvan v. State Of Tamilnadu Rep By Inspector Of Police, Thirukattupalli

2026-02-18Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Vetriselvan,

2. Sathishkumar, ... petitioners Vs.

State of Tamilnadu Rep by Inspector of Police, Thirukattupalli, Police Station, Thanjavur District, Crime No.292/2025.

... Respondent PRAYER :- To enlarge the petitioners/accused no.2 and 3 on bail in connection with CC.No.470/2025 on the file of the learned Judicial Magistrate Court, Thiruvaiyaru in Crime No.292/2025 on the file of the respondent police and thus render justice.

For petitioners : Mr.P.Vadivel, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/6

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 13.12.2025 for the offences punishable under Sections 303(2) of BNS, in C.C.No.470 of 2025 on the file of the leaned Judicial Magistrate Court, Thiruvaiyaru, in Crime No.292 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners had committed theft of 5 goats belonging to the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that coaccused was already granted bail and that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and she is in judicial custody from 13.12.2025. Hence, he seeks bail to the petitioners.

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4. The learned Additional Public Prosecutor submitted that there is one previous case against the first petitioner and there are 15 previous cases pending against the second petitioner and the property has been recovered. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the property has been recovered and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court, Thiruvaiyaru, 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.

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[b] the petitioners shall appear before the respondent police daily at 10.30 a.m., and 05.30 p.m.,until further orders and shall appear before the trial Court on all hearing dates.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

18.02.2026 LS 4/6

To

1. The Judicial Magistrate Court, Thiruvaiyaru.

2. The Superintendent, District Prison, Pudukkottai.

3. The Inspector of Police, Thirukattupalli Police Station, Thanjavur District.

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

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S.SRIMATHY,J LS

ORDER

IN CRL OP(MD) No.3322 of 2026 Date : 18/02/2026 6/6