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Madras High CourtCRL OP(MD)/7488/2026granted

Ajaykumar v. State Of Tamilnadu Rep By Inspector Of Police, Aravakurichi

2026-04-17Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Ajaykumar

...Petitioner/Accused-2

Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Aravakurichi Police Station Karur.

(Crime No. 208 of 2025 )

...Respondent/Complainant

For Petitioner : Mr.M.Vivek Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 208 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/7

The petitioner / Accused, who was arrested and remanded to judicial custody on 27.01.2026 for the offences punishable under Section 303(2) of BNS, 2023 in Crime No. 208 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 06.07.2025, when the defacto complainant at his home and parked his two wheeler bearing Reg.No.TN-32-AQ-1189 outside his house, the petitioner and other accused robbed the same. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 27.01.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered under Section 303(2) 2/7

of BNS, 2023 in Crime No. 208 of 2025. He would further submit that after investigation, charge sheet was filed and the same is taken on file in C.C.No.23 of 2026 on the file of the learned District Munsif-cumJudicial Magistrate, Aravakurichi and the same is posted on 20.04.2026 for framing charges. He would further submit that the petitioner has eleven previous cases. Hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that after investigation, charge sheet was filed and the same is taken on file in C.C.No.23 of 2026 on the file of the learned District Munsif-cumJudicial Magistrate, Aravakurichi and the same is posted on 20.04.2026 for framing charges and though the petitioner has some previous cases, in all cases bail was granted and though this Court, in an earlier bail petition filed by the petitioner, observed, by refering the judgment of Hon'ble 3/7

Supreme Court, that long incarceration alone cannot be a ground to enlarge the petitioner on bail and directed the trial court to complete the trial, since the case is pertaining to 2026, there is no chance to complete the trial in the near future and further in this case the maximum punishment is only five years of imprisonment and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, 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 for a like sum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Aravakurichi, and on further conditions that:

[b] the petitioner shall report before the learned District Munsif-cum-Judicial Magistrate, Aravakurichi, on all working days at 10.30 a.m., until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[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 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 BNS.

(P D B J) 17.04.2026 apd 5/7

To 1.The District Munsif-cum-Judicial Magistrate, Aravakurichi.

2.The Sub Inspector of Police, Aravakurichi Police Station Karur.

3. The Superintendent, Sub Jail, Karur.

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

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 7488 of 2026 Date : 17.04.2026 7/7