Santhosh Kumar v. The State Rep By, the Inspector of Police

O R D E R This Criminal Original Petition has been filed by the petitioner on

19.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023 praying to grant bail.

¶2The petitioner/accused was arrested and remanded to judicial custody on 06.04.2026 for the alleged offences punishable under Sections 126(2), 296(b), 115(2), 324(2), 125, 311 and 351(3) of the Bharatiya Nayaya Sanhita (BNS), 2023, in connection with Crime No.80 of 2026 on the file of the respondent police.

¶3The case of the prosecution is that on 06.04.2026 at about 11.00 a.m., the petitioner threatened the de facto complainant with a knife, near Rangoon Street, Thousand Lights and forcibly took away a sum of Rs.1,250/- from the de facto complainant's pocket. Based on this, the present complaint was lodged and the same has been registered.

¶4Ms.S.Vedavalli, the learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. She further submits that the petitioner has been under the judicial custody since 06.04.2026 and he is ready to abide by any stringent conditions that may be imposed by this Court. Therefore, the learned counsel prays to grant bail to the petitioner.

¶5Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police submits that a sum of Rs.400/- was recovered from the petitioner and there are three previous cases of similar nature are pending against the petitioner. Therefore, he contends that, if the petitioner is released on bail, there is a possibility of committing similar offences in future and causing threat to the de facto complainant. Hence, he prays for the dismissal of this petition.

¶6Heard on both sides. This Court has perused the records.

¶7The petitioner was arrested on 06.04.2026. The petitioner has permanent residence and therefore, there is less possibility of absconding. Considering the offence alleged against the petitioner and the period of incarceration undergone by the petitioner, this Court is of the view that further custody of the petitioner is not necessary in this case. Hence, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only), along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the learned Metropolitan Magistrate-XIV, Egmore.

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Metropolitan Magistrate-XIV, Egmore shall obtain a copy of any one of one of their identity proof to ensure their identity.

(iii) The petitioner shall appear and sign before the respondent-police daily at 10.00 a.m. until further orders.

(iv) The petitioner shall furnish his residential address and mobile numbers to the learned Metropolitan Magistrate-XIV, Egmore.

(v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 2023.

(vi) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(vii) 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(viii) The petitioner shall also not directly or indirectly, cause any threat to the de facto complainant and witnesses.

(ix) The petitioner shall not try to contact the de facto complainant and witnesses either directly or through any electronic mode.

(x) On breach of any of the aforementioned conditions, the learned Metropolitan Magistrate-XIV, Egmore or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

¶8Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

21.05.2026 vm/mrr

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 official website of this Court will be watermarked and will also have a QR code. To

1.The Metropolitan Magistrate-XIV, Egmore.

2.The Superintendent of Prison, Central Prison, Puzhal.

3.The Inspector of Police, F-4 Thousand Lights Police Station, Chennai – 600 006.

4.The Public Prosecutor, Madras High Court, Madras.

R. SAKTHIVEL,J vm / mrr CRL.O.P.No.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.05.2026 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL CRL.O.P.No.13474 of 2026 Santhosh Kumar, S/o. Subramani, No.31, Rangoon Street, Thousand Lights, Greams Road, Chennai – 600 006. ... Petitioner / Accused Vs. State Rep. By The Inspector of Police F-4 Thousand Lights Police Station, Chennai – 600 006. (Crime No.80 of 2026) ... Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner in Crime No.80 of 2026 on the file of the respondent police. For Petitioner : Ms.S.Vedavalli For Respondent : Mr.L.Baskaran, Government Advocate (Criminal Side)