K.Vinothan Vs State Represented by The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.140 of 2026 pending on the file of the respondent police.

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For Petitioner(s) : Mr.P.Suresh Kumar For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on 15.05.2026 for the alleged offences under Sections 309(6) and 311 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.140 of 2026 on the file of the respondent police, seek bail.

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

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Crl.O.P.No.19197 of 2026

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It is the case of the prosecution that the petitioner, along with the other

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accused, waylaid the defacto complainant and robbed his mobile phone. Hence, the case.

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The 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 15.05.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

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The 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 a major portion of the investigation has already been completed and that the petitioner has four previous cases. However, he would fairly submit that the stolen mobile phone has already been recovered from the petitioner.

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Though the petitioner has four previous cases, considering the totality of the circumstances, the period of incarceration undergone by the petitioner, the fact that the stolen mobile phone has already been recovered from the petitioner, 2/6

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

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Crl.O.P.No.19197 of 2026

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and also the fact that a major portion of the investigation has already been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

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Accordingly, 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 Judicial Magistrate, Sriperumbudur and subject to the following conditions:

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[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;

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[b] the petitioner shall report before the respondent police twice a day at 10.30 a.m. and 05.30 p.m. until further orders and no relaxation petition shall be entertained for a period of 60 days;

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

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[d] the petitioner shall not tamper with the evidence or

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witness either during investigation or trial;

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[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

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

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Crl.O.P.No.19197 of 2026

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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];

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[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

20.07.2026

skr

Note:

Registry is directed to forthwith upload this order in the Official Website of this Court.

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All 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.

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

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Crl.O.P.No.19197 of 2026

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To

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