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2026 DAILYLAW 56293 (MAD)

Sudhakar v. State rep by Inspector of Police

CRL OP/19339/2026 · 2026-07-27

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.19339 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19339 of 2026 Sudhakar ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Karamadai Police Station, Mettupalayam, Coimbatore District. ... Respondent(s) Crime No.81 of 2025 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.81 of 2025 pending on the file of the respondent police. For Petitioner(s) : Mr.K.Edin Ashwald For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 07.02.2025 for the alleged offences under Section 311 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.81 of 2025 on the file of the respondent police, seeks bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19339 of 2026 2. It is the case of the prosecution that the petitioner committed theft by stealing the vehicle belonging to the defacto complainant. 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 07.02.2025 and is ready to abide by any stringent conditions that may be imposed by this Court. He also submitted that the co-accused has already been enlarged on bail, which fact was not seriously disputed by the learned Government Advocate (Crl. Side). It is the specific submission of the learned counsel for the petitioner that no specific overt act has been attributed to the petitioner in the First Information Report and that the assailants were initially shown only as unknown persons. 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 petitioner, reiterated the prosecution case and, on instructions, submitted that the investigation has already been completed and the final report has also been filed. He further submitted that the petitioner has 15 previous criminal cases and that the stolen vehicle has already been recovered. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19339 of 2026 5. Though the petitioner has 15 previous criminal antecedents, considering the totality of the circumstances, particularly the period of incarceration undergone by the petitioner, the fact that no specific overt act has been attributed to the petitioner in the First Information Report, the fact that the co-accused has already been enlarged on bail, the fact that the stolen vehicle has already been recovered, and also the fact that the investigation has already been completed and the final report has been filed, this Court is inclined to enlarge the petitioner 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 II Additional District Judge (CBI Cases), Coimbatore, 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. until further orders; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19339 of 2026 [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]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 27.07.2026 skr Note: 1. 27.07.2026 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.19339 of 2026 To 1. The learned II Additional District Judge (CBI Cases), Coimbatore, 2. The Superintendent, Central Prison, Salem 3. The Inspector of Police, Karamadai Police Station, Mettupalayam, Coimbatore District. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19339 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.19339 of 2026 27.07.2026 6/6 https://www.mhc.tn.gov.in/judis