Sarathi Vs The State Rep.by, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.146 of 2026 pending investigation on the file of the respondent police.

¶13

For Petitioner(s) : Mr.P.Muthamizh Selvakumar For Respondent(s) : Mr.S.Yogaraj Sekar, Government Advocate (Crl.Side)

¶14

ORDER

¶15

The petitioner, who was arrested and remanded to judicial custody on 14.04.2026 for the alleged offences under Sections 305(a) and 331(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.146 of 2026 on the file of the respondent police, seeks bail.

¶16

1/4

¶17

https://www.mhc.tn.gov.in/judis

¶18

Crl.O.P.No.16998 of 2026

¶19

It is the case of the prosecution that the petitioner had broke open the house of the defacto complainant and stole 8½ sovereigns of gold chain and ring. Hence, the case.

¶20

3. The learned counsel appearing 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 14.04.2026 and that, in any event, his further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail.

¶21

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the petitioner has seven previous cases, out of which four are of a similar nature and the remaining three are under the provisions of the POCSO Act. He further submitted that the investigation is still pending and that, if the petitioner is enlarged on bail, there is every possibility of his tampering with witnesses.

¶22

Considering the submission of the learned Government Advocate (Crl. Side) that the investigation is still pending, the previous bad antecedents of the 2/4

¶23

https://www.mhc.tn.gov.in/judis

¶24

Crl.O.P.No.16998 of 2026

¶25

petitioner, and having regard to the nature of the allegations, this Court is of the

¶26

view that it would not be appropriate to grant bail to the petitioner at this stage.

¶27