Santhanam v. The State Represented by the Inspector of Police

ORDER This Criminal Original Petition is for a direction to direct the learned Judicial Magistrate No.I, Vellore, to forthwith enlarge the petitioners on bail in Crime No.119, of 2026 on the file of the respondent Police.

¶2The contention of the learned counsel for the petitioners is that the accused were produced at the residence of the learned Magistrate at 11.00 p.m. yesterday. At that time itself, when the bail was sought to be moved on behalf of the accused, the same was not entertained.

¶3Today, when the bail application is presented, it is alleged that the Court has expressed opinion that it will enlarge the petitioners tomorrow. The petitioners have come before this Court by way of this urgent petition.

¶4I have heard the learned Government Advocate (Crl. Side), who would submit that when the petitioners/accused have been duly apprehended and produced before the Court and were sent to judicial custody, it is for them to file appropriate bail application even with reference to the bailable offences before the Trial Court. Page3 of 5

¶5The matter is moved as a lunch motion and neither the learned Government Advocate (Crl. Side) has occasion to get the actual instructions nor the facts are clearly mentioned before this Court that the bail application was filed yesterday night or today morning. However considering the fact that all the three offences for which the case is registered, namely, 296(b), 115(2) and 351(2) are bailable in nature and therefore the valuable right of personal liberty of the accused should not be curtailed even by way of making detailed enquiry by this Court, by calling for the report and granting time to get instructions etc.

¶6In view of the fact that all the three offences mentioned are bailable in nature, treating this as a peculiar and extraordinary case, this Court is enlarging the petitioners on bail on the following conditions:

i) The petitioners shall execute a bond for a sum of Rs.2,000/- (two thousand only) each and with two sureties for a like sum.

ii) The accused shall appear before the respondent Police once in a week for three weeks on every Monday at 10.30 a.m. and thereafter appear before the respondent Police as and when required.

iii) It is made clear that upon uploading the web copy of the order and presenting the same before the learned Judicial Magistrate No.I, Vellore, the petitioners will be permitted to produce the Page4 of 5 sureties and it is for the learned Magistrate to scrutinise the sureties and process further proceedings in accordance with law. Accordingly, this Criminal Original Petition is disposed of. 06-08-2026 PVS To

¶1The Judicial Magistrate No.I, Vellore

¶2The Inspector of Police Vellore Taluk Police Station, Vellore Crime No.119 of 2026.

¶3The Public Prosecutor, High Court, Madras CRLoOPoNo.o22037oofo2026 D.BHARATHAoCHAKRAVARTHY,oJ. PVS CRLoOPoNo.o22037oofo2026 06-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1. Santhanam 2. Arivazhagan ..Petitioner(s) Vs The State Represented by the Inspector of Police, Vellore Taluk Police Station, Vellore. Crime No.119 of 2026. ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 528 r/w 529 of BNSS, praying to direct the learned Judicial Magistrate No.I, Vellore, to forthwith enlarge the petitioners on bail in Crime No.119 of 2026 on the file of the Respondent police and consequently direct the immediate release of the petitioner from judicial custody. For Petitioner(s): Mr.P.Rajkumar For Respondent(s): Mr.R.Rajasekaran, Government Advocate (Crl. Side) Page2 of 5