CRL OP/10947/2026 of VELLAISAMY Vs State Rep. by the Station House Officer

Crl.O.P.No.10947 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.04.2026 CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10947 of 2026 1. Vellaisamy 2. Vijay ... Petitioners Vs. The State represented by, The Station House Officer, Bahour Police Station, Through Puducherry, The Public Prosecutor. (Crime No.25 of 2026). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail, in connection with Crime No.25 of 2026, pending investigation on the file of the respondent police. For Petitioners : Mr.S.P.Kannan For Respondent : Mr.S.Vinoth Kumar Government Advocate (Criminal Side) O R D E R Petition seeking bail in respect of Crime No.25 of 2026 registered for the offences punishable under Section s 303(2) of BNS @ 305(b), 317(2), 317(5), 324(5) of BNS r/w 3(5) of BNS, is on board for consideration. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.10947 of 2026 2. The learned counsel for the petitioners/A2 & A3, pleading innocence on the part of the petitioners, who have been in incarceration since 08.03.2026 and false implication in the case, seeks indulgence of this Court. He also submits that the petitioners are working under A1 and are in no way connected with the alleged offence. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court. 3. The case of the prosecution as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of bail, is that the accused committed theft of the de facto complainant’s Bolero Maxi Truck bearing registration No.TN 31 BC 7285, subsequently dismantled and sold the same. He further submits that the investigation in this case has been completed and the charge sheet has been filed, which is yet to be taken on file. He also submits that the petitioners herein have aided the main accused in commission of the aforesaid crime and that three previous cases are pending against the first petitioner/A2. 4. Having heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) for the respondent police and perused the 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.10947 of 2026 materials available on record and considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.VII, Puducherry, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioners shall report before the respondent police, everyday at 06.30 p.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.10947 of 2026 [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 29.04.2026 ham Note: 1. Registry is directed to forthwith upload this order on the Official Website of this Court. 2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code. To 1. The Judicial Magistrate No.VII Puducherry. 2. The Station House Officer, Bahour Police Station. 3. The Superintendent, Central Prison, Puducherry. 4. The Public Prosecutor (Puducherry), High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.10947 of 2026 A.D.JAGADISH CHANDIRA.,J. ham Crl.O.P.No.10947 of 2026 29.04.2026 5/5 https://www.mhc.tn.gov.in/judis