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2026 DAILYLAW 59526 (MAD)

Kumar v. The State Rep by The Inspector of Police

CRL OP/23581/2026 · 2026-08-24

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 23581 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 23581 of 2026 Kumar, S/o. Parthiban, No.80, Cholapuri Amman Kovil Street, Thottapalayam, Vellore, Vellore District. ...Petitioner/Sole Accused Vs State represented by Inspector of Police, Vellore North L&O Police Station, Vellore, Vellore District. Crime No.266 of 2026. ...Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in pending investigation in Crime No.266 of 2026 on the file of the Inspector of Police, Vellore North L&O Police Station, Vellore, Vellore District. For Petitioner(s): Mr.G.Vinodhkumar For Respondent(s): M.M.I.Khaleel Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 15.07.2026 for the alleged offence under Section 3(1) of Tamil Nadu Property (Prevention of Damages and Loss) Act, in Crime No. 266 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 23581 of 2026 __________ Page2 of 5 2. The allegation against the petitioner is that the petitioner/accused in a drunken condition, allegedly broke the glass door of the IOB ATM room and damaged the ATM display and machine, causing damage to public property. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is in judicial custody since 15.07.2026. He further submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the investigation is still pending and if released on bail, there is a possibility of the petitioner repeating similar offences and hampering the investigation. Hence, he opposed the grant of bail to the Petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 23581 of 2026 __________ Page3 of 5 6. Considering the facts and circumstances of the case and taking into consideration of the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his 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 No.IV, Vellore, and on further conditions that: [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 at 10.30 a.m., until further orders; [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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; https://www.mhc.tn.gov.in/judis CRL OP No. 23581 of 2026 __________ Page4 of 5 [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24-08-2026 nvi 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. To 1.The Judicial Magistrate No.IV, Vellore. 2. The Inspector of Police, Vellore North L&O Police Station, Vellore, Vellore District. 3.The Superintendent, Central Prison, Vellore. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 23581 of 2026 __________ Page5 of 5 N.RAMESH, J. nvi CRL OP No. 23581 of 2026 24-08-2026 https://www.mhc.tn.gov.in/judis