Prakash v. State By, the Inspector of Police,

ORDER The petitioners were arrested and remanded to judicial custody on

19.11.2025 for the offence punishable under Section 309(4) of BNS, in Crime No.1165 of 2025, registered on the file of the respondent police, seeks bail.

¶2The allegation against the petitioners is that they joined hands with other accused, waylaid the defacto complainant and robbed a sum of Rs.9.32 lakhs. Hence, a case has been registered and the petitioners were arrested.

¶3Earlier, this Court dismissed the bail petition in Crl.OP.No.35722 of 2025 dated 07.01.2026 on the ground that only a portion of the robbed amount had been recovered and that the petitioners are the main accused in this case.

¶4Now, the learned counsel appearing for the petitioners submitted that the petitioners have been in judicial custody since 19.11.2025 and that they are innocent and have been falsely implicated in this case. He further submitted that some of the co-accused have been released on bail by the Lower Court. Hence, he prays for grant of bail to the petitioners.

¶5The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation is completed and the final report filed and the same was taken on file in PRC.No.3 of 2026 and that the petitioners have no previous cases against them. Hence, he opposes to grant bail to the petitioners.

¶4Heard both sides and perused the materials available on record.

¶5Considering the facts and circumstances of the case, the fact that the investigation completed and the final report and that there is a change in circumstances, and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners.

¶6Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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, Palladam, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioners shall report before the concerned Court daily at 10.30 a.m., for a period of three weeks and 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; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

03.02.2026 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 Judicial Magistrate, Palladam.

2.The Inspector of Police, Palladam Police Station, Tiruppur District.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

K. RAJASEKAR, J. drl Crl.O.P.No.2354 of 2026

03.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.02.2026 CORAM : THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.2354 of 2026 1.Prakash 2.Praveen Kumar ... Petitioners -vs- State Rep by, The Inspector of Police, Palladam Police Station, Tiruppur District. (Crime No.1165 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioners on bail in Crime No.1165 of 2025 on the file of the respondent police. For Petitioners : Mr.S.Silambuselvan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) *********