Marimuthu v. The State Rep by the Inspector of Police

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

12.06.2025 for the alleged offences under Sections 309(6) and 311 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.282 of 2025 on the file of the respondent police, seeks bail.

¶2It is the case of the prosecution that the petitioner waylaid the defacto complainant and robbed a sum of Rs.16,000/- at knife point. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in custody since 12.06.2025 and is ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that the co-accused has already been enlarged on bail, which factum was not seriously disputed by the learned Government Advocate (Crl. Side). Hence, he prayed for the grant of bail on the ground of parity.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the investigation has already been completed and the case has been taken on file by the concerned Magistrate as S.C.No.58 of 2026. He further submitted that the petitioner has 15 previous cases, including two cases under Section 307 IPC, one case under the Arms Act and 12 other IPC offences.

¶5Though the petitioner has criminal antecedents, considering the period of incarceration undergone by the petitioner, the fact that the co-accused has already been enlarged on bail, and also the fact that the investigation has already been completed and the case has been taken on file by the concerned Magistrate, and since it would take considerable time to complete the trial, this Court is inclined to enlarge the petitioner on bail, subject to certain stringent conditions.

¶6Accordingly, the petitioner is ordered to be released on bail on their 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, Annur 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 petitioner shall report before the respondent police twice a day, at 10.30 a.m. and 5.30 p.m., until further orders, except on the hearing dates before the concerned Court; [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, 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 petitioner 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 petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

29.07.2026 skr To

¶1The learned District Munsif cum Judicial Magistrate, Coimbatore.

¶2The Superintendent, Central Prison, Coimbatore.

¶3The Inspector of Police, Annur Police Station, Coimbatore.

¶4The Public Prosecutor, High Court of Madras C.KUMARAPPAN,J. skr

29.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Marimuthu ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Annur Police Station, Coimbatore. ... Respondent(s) Crime No.282 of 2025 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.282 of 2025 pending investigation on the file of the respondent police. For Petitioner(s) : Mr.A.Arun For Respondent(s) : Mr.S.Yogaraj Sekar, Government Advocate (Crl.Side)