Crl.O.P.No.19854 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19854 of 2026 1. Akash 2. Srinivasan ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Pallapatty Police Station, Salem District. ... Respondent(s) Crime No.84 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.84 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.W.Camyles Gandhi For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioners, who were arrested and remanded to judicial custody on 03.04.2026 for the alleged offences under Section 304(2) of the Bharatiya Nyaya Sanhita, 2023 and subsequently altered to Sections 126(2), 309(6), 311 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.84 of 2026 on the file of the respondent police, seek bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19854 of 2026 2. It is the case of the prosecution that the petitioners committed theft by stealing the mobile phone of the defacto complainant. Hence, the case. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners have been in custody since 03.04.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that the co-accused has already been enlarged on bail, which fact was not seriously disputed by the learned Government Advocate (Crl. Side). Hence, he prayed for the grant of bail on the ground of parity. 4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the prosecution case and, on instructions, submitted that the first petitioner has two previous criminal cases and the second petitioner has one previous criminal case. He further submitted that the stolen property has been recovered from the petitioners and that a major portion of the investigation has already been completed. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19854 of 2026 5. Though the petitioners have past criminal antecedents, considering the totality of the circumstances, the period of incarceration undergone by the petitioners, the fact that the co-accused has already been enlarged on bail, the fact that the stolen property has been recovered from the petitioners, and also the fact that a major portion of the investigation has already been completed, this Court is inclined to enlarge the petitioners 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 II, Salem 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; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19854 of 2026 [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]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 24.07.2026 skr Note: 1. 24.07.2026 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.19854 of 2026 To 1. The learned Judicial Magistrate II, Salem 2. The Superintendent, Central Prison, Salem 3. The Inspector of Police, Pallapatty Police Station, Salem District. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19854 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.19854 of 2026 24.07.2026 6/6 https://www.mhc.tn.gov.in/judis