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2026 DAILYLAW 45583 (MAD)

Amalan Bose v. The State rep by the Sub Inspector of Police

CRL OP/17338/2026 · 2026-07-07

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17338 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17338 of 2026 Amalan Bose ..Petitioner(s) Vs The State rep by The Sub Inspector of Police Ambur Taluk Police Station, Tirupattur District. Crime No.157 of 2026. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to grant bail to the petitioner pending investigation in Crime No.157 of 2026 on the file of the Respondent police. For Petitioner(s): Mr.B.Gopalakrishnan For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side ) ORDER The petitioner, who was arrested and remanded to judicial custody on 11.06.2026 for the alleged offences under Sections 305 (a), 317 (2), 317 (4), 317 (5) and 331 (4) of BNS in Crime No.157 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner, along with the other accused committed theft of 11 grams of gold jewellery and Rs.1950 in cash from the defacto-complainant’s house. Hence the case. https://www.mhc.tn.gov.in/judis CRL OP No. 17338 of 2026 __________ Page2 of 4 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 11.06.2026. He further submitted that the petitioner merely helped his brother-in-law to liquidate the stolen jewelry. He also stated that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioner. However, he opposed for grant of bail to the petitioner. 5.Considering the aforementioned factual position and also upon the allegation against the petitioner is only in respect of assisting his brother-in-law (who is the real culprit) in liquidating the gold jewelry, that the petitioner has no criminal antecedents, and that he has been incarcerated since 11.06.2026, this court is of the firm view that his further custody is not necessary. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 17338 of 2026 __________ Page3 of 4 6. Accordingly, the petitioner is ordered to be released on bail on his 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, Ambur, 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 daily morning at 10.30 a.m and evening at 5.30 p.m. until further orders; [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 petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; https://www.mhc.tn.gov.in/judis CRL OP No. 17338 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 07-07-2026 ep 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. To 1.The Judicial Magistrate, Ambur. 2.The Superintendent of Prison, Sub Jail, Ambur. 3.The Sub Inspector of Police Ambur Taluk Police Station, Tirupattur District. 4.The Public Prosecutor High Court of Madras. CRL OP No. 17338 of 2026 (1/4) https://www.mhc.tn.gov.in/judis