Kasimayan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.21105 of 2025 Kasimayan ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, IDOL Wing Chennai, Madurai Wing, Madurai District.

(Crime No.06 of 2025) ... Respondent/Complainant For Petitioner : Mr.Arokia Selva Ramesh.S For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.06 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.10.2025 for the offences punishable under Sections 331(4), 305(d), 317(5) of BNS, 2023, in Crime No. 06 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, along with other accused persons, stole an idol from a temple, and the police later seized the idol, a cloth bag, and a two-wheeler. Hence, the complaint. 3.The learned Counsel for the petitioner submitted that the petitioner is ready to co-operate for the investigation. He further 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 has complied with the conditions as imposed by this Court regularly.

4. The learned Additional Public Prosecutor submitted that this Court has already granted interim bail to the petitioner and that the 2/5

prosecution is awaiting for the archeological report.

5. Taking into consideration of the facts and circumstances of the case and also the fact that since the report has not been produced and also the fact that the petitioner has complied with the conditions as imposed by this Court regularly. Therefore, interim bail granted by this Court dated 24.11.2025 is made absolute on the following conditions: [a] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation. [b] the petitioner shall not abscond either during investigation or trial.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] 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 3/5

of Kerala [(2005)AIR SCW 5560].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 02.02.2026 (2/2) msrm To

1. The Additional Chief Judicial Magistrate, Madurai District.

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, IDOL Wing Chennai, Madurai Wing, Madurai District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.21105 of 2025 Date : 02.02.2026 (2/2) 5/5