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2026 DAILYLAW 47695 (MAD)

Prabhudeva v. The State Rep by

CRL OP/16415/2026 · 2026-07-10

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.16415 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.16415 of 2026 Prabhudeva ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Palladam Police Station, Tiruppur. ... Respondent(s) Crime No.1038 of 2025 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in S.C.No.362 of 2025 on the file of the Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Tirppur. For Petitioner(s) : Mr.P.Thinesh For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 15.10.2025 for the alleged offences under Sections 331(3), 305(a), 3(5) and 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.1038 of 2025 on the file of the respondent police, seeks bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16415 of 2026 2. It is the case of the prosecution that the petitioner trespassed into the house of the defacto complainant and stole two sovereigns of gold jewellery, a silver anklet and cash. 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 petitioner has been in custody since 15.10.2025 and that, in any event, his further custody is not required for the purpose of investigation. Hence, he prayed for the grant of bail. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the petitioner has no criminal antecedents and that the stolen property has been recovered from the petitioner. He further submitted that the investigation has already been completed. 5. Considering the submissions made by the learned Government Advocate (Crl. Side), the fact that the investigation has already been completed, the fact that the petitioner has no bad antecedents, and also the fact that the stolen property has been recovered from the petitioner, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16415 of 2026 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 Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Tirppur 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 everyday at 10.30 a.m. for a period of two weeks 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, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16415 of 2026 [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 10.07.2026 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.16415 of 2026 To 1. The learned Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Tirppur 2. The Superintendent, Central Prison, Coimbatore. 3. The Inspector of Police, Palladam Police Station, Tiruppur. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16415 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.16415 of 2026 10.07.2026 6/6 https://www.mhc.tn.gov.in/judis