Sudha v. The State Rep by the Inspector of Police

ORDER The petitioners, who were arrested and remanded to judicial custody on

20.06.2026 for the alleged offences under Sections 191 (2), 191 (3), 333, 351

(3) of BNS and 3 of TNPPDL Act, (altered sections 132, 191 (2), 191 (3), 333, 351 (3), 238 of BNS and 3 of TNPPDL Act, in Crime No.165 of 2026 on the file of the respondent police, seek bail. Page2 of 6

¶2The case of the prosecution is that the petitioners, along with other accused persons tress passed into the defacto-complainant's house and committed theft of Rs.7,00,000/-, 33 sovereigns of gold and 1.5 kg of Silver articles. Hence the case.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and have been in custody since 20.06.2026. He further submitted that the occurrence took place on 16.06.2026. He further contended that there are eight accused persons, four of whom have already been enlarged on bail. He further submitted that although a case of theft was initially registered against the petitioners, the sections were later altered by deleting the allegation of theft. Therefore, the only remaining allegations against the petitioners are that they caused damage and also trespassed into the defacto-complainant's house. Hence, he prays to grant bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police strongly opposed the grant of bail to the petitioners, and fairly submitted that the charge against the petitioners under Section 305 (a) of the BNS, 2023, was removed. He stated that the allegations against the petitioners are only under Sections 132, 191 (2), 191 (3), 333, 351 (3), 238 of BNS and Section 3 of TNPPDL Act. Page3 of 6

5.Although there is an allegation of trespass into the defacto-complainant's house, no one was injured. Hence, considering the fact that the petitioners have been incarcerated since 20.06.2026, this court is of the firm view that their further custody is not necessary for the purpose of investigation. Consequently, this Court is inclined to grant bail to the petitioners with certain conditions.

¶6Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court I, Alandur, 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 petitioners shall report before the respondent police daily at 10.30 a.m. for a period of fifteen days; thereafter as and when required for interrogation; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; Page4 of 6 [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 petitioners 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 petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 14-07-2026 ep Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Page5 of 6 To

1.The Judicial Magistrate Court I, Alandur.

2.The Superintendent of Prison, Central Prison Puzhal (Women).

3.The Inspector of Police S-1, St.Thomas Mount Police Station, Chennai.

4.The Public Prosecutor High Court of Madras. CRLoOPoNo.o18347oofo2026 C.KUMARAPPAN,oJ. EP CRLoOPoNo.o18347oofo2026 14-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Sudha 2. Archana 3. Salma 4. G.Viswarani ..Petitioner(s) Vs The State rep by The Inspector of Police S-1, St.Thomas Mount Police Station, Chennai. Crime No. 165/2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to grant the Bail to the petitioners in the Crime No.165 of 2026 on the file of respondent here in and render justice. For Petitioner(s): Mr.R.C.Paul Kanagaraj For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )