Balamurugan v. State Rep.by, The Sub Inspector of Police
CRL OP/19236/2026 · 2026-07-24
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 55742 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 55742 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.19236 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.19236 of 2026 Balamurugan
... Petitioner(s) Vs. The State rep. by The Inspector of Police, T-10 Manimangalam Police Station, Kancheepuram District. ... Respondent(s) Crime No.93 of 2025 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in C.C.No.736 of 2025 in Crime No.93 of 2025 pending investigation on the file of the respondent police. For Petitioner(s) : Mr.M.Govindarajan For Respondent(s) : Mr.S.Yogaraj Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 03.01.2026 for the alleged offences under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.93 of 2025 on the file of the respondent police, seeks bail. 1/4 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19236 of 2026
2. It is the case of the prosecution that the petitioner, along with the other accused, committed house-breaking and stole a 2½ sovereign gold chain belonging to the defacto complainant. Hence, the case. 3. The learned counsel appearing 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 03.01.2026 and that, in any event, his further custody is not required for the purpose of investigation. Hence, he prayed for 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 as many as 22 previous criminal cases and that the stolen property has not yet been recovered from him. It was further submitted that, if the petitioner is enlarged on bail, there is every possibility of his tampering with witnesses and indulging in similar offences. 2/4 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19236 of 2026
5. The petitioner is admittedly involved in as many as 22 previous criminal cases, which prima facie indicates that he is a habitual offender. Though the liberty of an accused is a valuable right guaranteed under law, such liberty has to be balanced with the interest of society.
In the facts of the present case, where the stolen property has not yet been recovered and the petitioner has an extensive criminal antecedent, this Court is of the considered view that, if the petitioner is enlarged on bail, there is every likelihood of his indulging in similar offences, thereby posing a threat not only to the prosecution case but also to society at large. Hence, this Court is not inclined to grant bail to the petitioner at this stage. 6. Accordingly, this Criminal Original Petition is dismissed. 24.07.2026 skr 3/4 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19236 of 2026 C.KUMARAPPAN,J. skr To
1. The learned Judicial Magistrate, Sriperumbudur
2. The Superintendent, Puzhal Prison, Chennai
3. The Inspector of Police, T-10 Manimangalam Police Station, Kancheepuram
4. The Public Prosecutor, High Court of Madras Crl.O.P.No.19236 of 2026 24.07.2026 4/4 https://www.mhc.tn.gov.in/judis