CRL OP(MD). No.14888 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.14888 of 2026 Bharath ... Petitioner/Accused No.6 Vs The State of Tamilnadu Rep By, The Inspector of Police, Palanichettipatty Police Station, Theni District. Cr.No.358 of 2026. ... Respondent/Complainant PRAYER :- For Bail in Cr.No.358 of 2026 on the file of the respondent police. For Petitioner : Mr.D.Selvam, Advocate for Mr.M.Maharaja, For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14888 of 2026 judicial custody on 10.06.2026 for the offences punishable under Sections 137(2), 309(4) & 319 of BNS @ 137(2), 310(4) & 319 of BNS, 2023, in Crime No.358 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner is ranked as A6. The accused are known to the defacto complainant. This petitioner joined hands with other accused, mainly A1 and A2 for the purpose of committing robbery they abducted him and threatened him and by using the ATM card taken away nearly Rs.2 lakhs. Subsequently, the defacto complainant was rescued himself and lodged the complaint before the respondent police. 3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that this is the second bail petition, and the earlier bail petition filed by the petitioner was dismissed by this Court on 30.06.2026 in Crl.OP(MD)No.12778 of 2026. He further submitted that 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14888 of 2026 the investigation in this case has almost reached its finality and the petitioner is only a driver and he has not been involved in abducting a person or demanding any money and he only driven the vehicle and that too, it was used for following the other vehicle, in which, the victim was abducted and without knowing the abduction, the petitioner has driven the vehicle and he has been arrested and remanded to judicial custody on 10.06.2026. Therefore, prayed to grant bail for the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent and reiterated the prosecution case and on instructions, reported that this is the second bail petition and totally there are 6 accused in this case. All the accused were arrested and no one has been released on bail. The defacto complainant was abducted by A1 in the first Car and subsequently, A1 was assisted by other accused, who came by another vehicle, which was also followed the A1's vehicle. The petitioner was driving the second vehicle. He further submitted that the investigation has not been completed. He opposed the grant of bail to the petitioner. 5. I have gone through the FIR and also the earlier dismissal order 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14888 of 2026 passed by this Court. 6. This Court earlier dismissed the bail petition filed by the petitioner in Crl.OP(MD)No.12778 of 2026 vide order dated 30.06.2026 for the following reasons:- “ A1, who was acting driver of the defacto complainant and participated the conspiracy with other accused, accordingly, A1 and A2 abducted the defacto complainant, taken him to a lonely place, snatched away the jewels and ATM Card and also withdrew some money, statement also clearly implicated the role of the petitioner, sum of Rs.5,600/- also have been recovered from this petitioner and that the investigation has not been concluded and it is in primary stage, this Court is not inclined to grant bail to the petitioner at this stage.” 7. Now, it is stated that the major part of the investigation almost concluded and the petitioner is not having any previous case and also considering the period of incarcation, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14888 of 2026 Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Theni, and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 4 weeks and thereafter, as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14888 of 2026 law as if the conditions have been imposed and the petitioner 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 23.07.2026 dss To 1.The Judicial Magistrate, Theni. 2. The Superintendent, District Prison, Theni. 3. The Inspector of Police, Palanichettipatty Police Station, Theni District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14888 of 2026 K. RAJASEKAR,J dss ORDER IN CRL OP(MD) No.14888 of 2026 Date : 23/07/2026 7/7 https://www.mhc.tn.gov.in/judis