Sundar v. State Of Tamilnadu Rep By Inspector Of Police, Suthamalli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Sundar ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by, The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

Crime No. 33 of 2026. ... Respondent/Complainant PRAYER :- For Bail in Crime No. 33 of 2026 on the file of the respondent Police.

For Petitioner : S.Sathyachidambaram, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 17.01.2026 for the offences punishable under Sections 309(4) & 311 of BNS, 2023 @ 61(2), 309(4) and 311 of BNS, 2023, in Crime No.33 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 08.01.2026, when the defacto complainant was in her home alone, on knowing the same, the petitioner and other accused are said to have robbed 17 sovereigns of fold ornaments and cash amount of Rs.5,00,000/-. Hence, this 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 the petitioner's name was not found in the FIR and the co-accused was already released on bail by this Court and no previous case is pending against the petitioner and he has been arrested and remanded to judicial custody on 17.01.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the accused are said to have tied the 2/6

defacto complainant in chair with her shawl and robbed 17 sovereigns of gold ornaments and cash amount of Rs.5,00,000/- and the investigation is still pending. Hence, he strongly opposed to grant bail to the petitioner. He would further submit that the co-accused was already released on bail by this Court and no previous case is pending against 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 the petitioner is not a named accused in the FIR and the co-accused was released on bail and no previous case is pending against the petitioner and 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 Judicial Magistrate, Cheranmahadevi, Tirunelveli District, and on 3/6

further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation; [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;

[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 4/6

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) 22.04.2026 dss To 1.The Judicial Magistrate, Cheranmahadevi, Tirunelveli District. 2.The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

3. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

P. DHANABAL,J DSS 5/6

ORDER

IN CRL OP(MD) No.7887 of 2026 Date : 22/04/2026 6/6