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Judgment
ORDER
The petitioner, who was arrested and remanded to judicial custody on 12.07.2026 for the alleged offence under Sections 126(2), 309(4) and 311 of Bharatiya Nyaya Sanhita, (BNS) 2023, @ Section 111, 126(2), 309(4), 311 of BNS, 2023, in Crime No.191 of 2026 on the file of the respondent police, seeks bail.
The case of the prosecution is that on 11.07.2026 at about 5:00 p.m., the de facto complainant, while proceeding towards a TASMAC shop carrying his wages, was wrongfully restrained by the petitioner/A3 and the other accused near Ponniamman Temple. It is alleged that A1 threatened the defacto complainant by placing a knife on his neck, while the petitioner/A3 and the other accused caught hold of him, thereby facilitating the robbery of Rs.5,150/-. It is further alleged that thereafter the accused intercepted another victim, Mohan Yadav, and when he refused to hand over his belongings, A1 attacked him with a knife on his left wrist and robbed him of his cash, three brandy quarter bottles, and one beer bottle. Hence the case.
The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 12.07.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.
The learned Government Advocate (Crl.Side) appearing for the respondent, reiterated the prosecution’s case, and on instructions, submitted that this is a case of robbery wherein the petitioner is arrayed as A3, A4 is still absconding and the petitioner has one previous case. He also submitted that a proposal to invoke the Goondas Act is pending against the petitioner. Hence, he vehemently opposed for the grant of bail.
Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); and also considering the period of incarceration of the petitioner since 12.07.2026, this Court is of the firm view that further incarceration of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Katpadi, Vellore District, and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent police daily at 10:30 A.M., until further orders;
[c] the petitioner shall not abscond either during the investigation or during the trial;
[d] the petitioner shall not tamper with the evidence or witness either during the investigation or during the trial;
[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
23-09-2026 KLT Note:
Registry is directed to forthwith upload this order in the Official Website of this Court.
All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To
The Judicial Magistrate Katpadi, Vellore District.
The Superintendent of Police, Central Prison, Vellore.
The Inspector of Police, Katpadi Police Station, Vellore District.
The Public Prosecutor, High Court of Madras.
N.Ramesh, J.
KLT 23-09-2026
