Selvakumar v. The State Rep by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

01.07.2026 for the alleged offence under Sections 305(a), 331(4) and 62 of BNS, 2023 in Crime No.221 of 2026 on the file of the respondent police, seeks bail. Page2 of 5

¶2The case of the prosecution is that the petitioner committed the act of theft by stealing brass items belonging to the Temple. Hence, the case has been registered against the petitioner.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been arrested and remanded to judicial custody since 01.07.2026. He further submitted that this is the second bail petition filed by the petitioner and that he has not committed any offence as alleged by the prosecution. 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.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has three previous cases pending against him. He further submitted that the earlier bail application was dismisssed on 31.07.2026 and that there is no change in circumstances. Hence, he strongly opposed to grant of bail to the petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record. Page3 of 5

¶6Considering the submissions made by the learned Government Advocate (Crl.Side), it is seen that though the petitioner has three previous cases, one case is under Section 379 of IPC. Taking into consideration the period of incarceration already undergone by the petitioner and the nature of the allegations against him, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, 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 District Munsif cum Judicial Magistrate Court, Madukkarai, 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 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, Page4 of 5 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20-08-2026 DRL 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. To

1.The District Munsif cum Judicial Magistrate Court, Madukkarai.

¶2The Inspector of Police Podanur Police Station, Coimbatore District.

3.The Superintendent, Central Jail, Coimbatore.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o23289oofo2026 N.RAMESH,oJ. DRL CRLoOPoNo.o23289oofo2026 20-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Selvakumar S/o.Saivadurai, No.7, Theethankulam, Manamadurai, Manamadurai Taluk, Sivaganga District, Tamil Nadu-630606. ..Petitioner(s) Vs The State rep by the Inspector of Police Podanur Police Station, Coimbatore District. Crime No.221/2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.221/2026 on the file of the Inspector of Police, Podanur Police Station, Coimbatore District. For Petitioner(s): M/s. S.Deenadayalan For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)