Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 45389 (MAD)

Balaji v. The State Represented by the Inspector of Police

CRL OP/17325/2026 · 2026-07-08

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.17325 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.17325 of 2026 Balaji ... Petitioner(s) Vs. The State rep. by The Inspector of Police, M-1, Madhavaram Police Station ... Respondent(s) Crime No.369 of 2025 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.369 of 2025 pending on the file of the respondent police. For Petitioner(s) : Mr.Tamilvanan For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 11.05.2026 for the alleged offences under Sections 126(2), 296(b), 115(1), 125, 324(5), 311 & 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.369 of 2025 on the file of the respondent police, seek bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17325 of 2026 2. It is the case of the prosecution that the petitioner had waylaid the defacto complainant and robbed a sum of Rs.1,000/- and his mobile phone. Hence, the case. 3. 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 co-accused has already been enlarged on bail vide order dated 02.07.2026 passed in Crl.O.P.No.17325 of 2026 by the learned Principal District Judge, Thiruvallur, and therefore, the petitioner is also entitled to be enlarged on bail on the ground of parity. Hence, he prayed for grant of bail. 4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the stolen property has already been recovered and that a major portion of the investigation has already been completed. 5. Considering the above facts and circumstances, particularly the period of incarceration undergone by the petitioner, the fact that the stolen property has been recovered, the fact that the co-accused has already been enlarged on bail vide order dated 21.05.2026 passed in Crl.O.P.No.13513 of 2026, and also the 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17325 of 2026 fact that a major portion of the investigation has already been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Madhavaram and subject to the following conditions: [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 twice a day at 10.30 a.m. and 05.30 p.m. for a period of 60 days and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17325 of 2026 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 abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 08.07.2026 skr Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. 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. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17325 of 2026 To 1. The learned Judicial Magistrate, Madhavaram 2. The Superintendent, Central Prison, Puzhal, Chennai 3. The Inspector of Police, M-1, Madhavaram Police Station 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17325 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.17325 of 2026 08.07.2026 6/6 https://www.mhc.tn.gov.in/judis