Sankar vs The State Represented By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 05.06.2026 for the alleged offences under Sections 331(3) and 305 of Bharatiya Nyaya Sanhita (BNS) 2023, in Crime No.182 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, along with the co-accused, allegedly trespassed into the house of the defacto complainant, broke open the door, and committed theft of 33.5 sovereigns of gold ornaments, worth approximately Rs.44,35,000/-, along with Rs.1,00,000/- in cash. Hence, the complaint.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent person, has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. It was further submitted that a petition under Section 497 and 503 of BNSS, 2023, was filed seeking return of property was seized in connection with the Crime No.182 of 2026, and the same was allowed and the properties were returned to the defacto complainant. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought bail for the petitioner.

The learned Government Advocate (Criminal side) appearing for the respondent Police, reiterated the case of the prosecution, and on instructions, submitted that the petitioner, along with the other accused, trespassed into the defacto complainant’s house and committed theft of gold jewels 33.5 sovereigns and Rs.1 Lakh cash. Out of 33.5 sovereigns 29 ¾ sovereigns of gold ornaments only were recovered. It was further submitted that the properties were recovered and returned to the defacto complainant, however, not fully recovered. He also submitted that the petitioner was arrayed as A3, has 14 previous cases pending against him, and the investigation is completed and the charge sheet is yet to be filed. Hence, he strongly opposed the grant of bail to the petitioner.

Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); though it was stated that the petitioner has 14 previous cases against him, in the present case, the investigation has been completed and a substantial portion of the stolen property has been recovered, and also considering the period of incarceration of the petitioner since 05.06.2026, 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, Palladam, 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 Palladam.

The Superintendent of Police, Central Prison, Coimbatore.

The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

The Public Prosecutor, High Court of Madras.

N.Ramesh, J.

KLT 23-09-2026