Poovarasan @ Udhaya v. State Rep by the Inspector of Police

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

07.04.2026 for the offences punishable under Sections 126(2), 115(2), 305(A), 309(4), 311, 351(3) of BNS Act in Cr. No.244 of 2026 on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that the petitioner along with other accused trespassed into the house of the defacto complainant and gold chain weighing 1 ¾ sovereigns and an amount of Rs.11,000/-. Hence, the present case.

¶3The learned counsel for the petitioner submitted that the petitioner is under judicial custody since 07.04.2026. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prayed to grant bail to the petitioner.

4.The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the petitioner has one previous case registered against him. He further submitted that the stolen property recovered. However, he vehemently opposed the grant of bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

6.Considering the rival submissions made on either side, the nature of the offences alleged against the petitioner, and the fact that the stolen property has been recovered and also the fact that though the petitioner has previous case, he has been enlarged on bail in that case, and considering the period of Page3 of 6 incarceration undergone by him, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, Chennai and on further conditions that:

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

Page4 of 6 [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023. 13-05-2026 SMA 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

¶1V Metropolitan Magistrate Court, Egmore.

¶2Inspector of Police K-3, Aminjakarai Police Station, Chennai District

¶3The Superintendent Central Prison, Puzhal.

¶4The Public Prosecutor, Madras High Court. CRLoOPoNo.o12189oofo2026 P.DHANABAL,oJ. SMA CRLoOPoNo.o12189oofo2026 13-05-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Poovarasan @ Udhaya ..Petitioner(s) Vs State rep by the Inspector of Police K-3, Aminjakarai Police Station, Chennai District Cr.No.244 of 2026 ..Respondent(s) Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S. to enlarge the petitioner on bail in Cr.No.244 of 2026 pending on the file of the respondent For Petitioner(s): Mr.P.Muthamizhselvakumar For Respondent(s): Mr.R.Vinothraja Government Advocate (Crl. Side)