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2026 DAILYLAW 60309 (MAD)

Parthiban v. State rep by the Inspector of police

CRL OP/23727/2026 · 2026-08-24

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 23727 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. 23727 of 2026 Parthiban ...Petitioner/A2 Vs The State Rep by The Inspector of Police, Palladam Police Station, Tiruppur. ...Respondent/Complainant Crime No.777 of 2025. PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending trial in S.C.No.322 of 2025 on the file of the I Additional District and Sessions Judge, Tiruppur. For Petitioner(s): Mr.P.Dinesh For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 01.08.2025 for the alleged offences under Sections 303(2), 111(2)(b) of BNS, in Crime No.777 of 2025 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner along with the other co-accused had theft a motorcycle worth about Rs.70,000/- from the de-facto complainant. Hence, the case. https://www.mhc.tn.gov.in/judis CRL OP No. 23727 of 2026 __________ Page2 of 5 3. The learned counsel for the petitioner submitted that the petitoner has been in judicial custody since 01.08.2025. He further submitted that the petitioner is an innocent and has been falsely implicated in this case. He further submitted that the petitioner has nine previous cases of a similar nature were detained under the Preventive Detention Act pursuant to detention order 24.03.2026. However, the said detention order was subsequently set aside by this Hon’ble Court. He also 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 accused have involved in attempt of theft and investigation pending and they have involved in similar cases across Tamil Nadu and hence Goondas detention was passed against him and in this stage, if the petitioner is released on bail he may tamper the witnesses. 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. 23727 of 2026 __________ Page3 of 5 6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side), considering the period of incarceration of the petitioner since 01.08.2025 and all the articles recovered from the petitioner, this Court is of the firm view that for the purpose of investigation, further interrogation of the petitioner is not required. Hence, 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/- each (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Palladam, 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 Trial Court, daily 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 https://www.mhc.tn.gov.in/judis CRL OP No. 23727 of 2026 __________ Page4 of 5 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]; [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, Palladam. 2. The Inspector of Police, Palladam Police Station, Tiruppur. 3.The Superintendent, Central Prison, Coimbatore. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 23727 of 2026 __________ Page5 of 5 N.RAMESH, J. nvi CRL OP No. 23727 of 2026 24-08-2026 https://www.mhc.tn.gov.in/judis