Samir Kumar Vs The State Rep by The Inspector of Police

COMMON PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime Nos.68 & 65 of 2026 pending on the file of respondent police respectively.

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For Petitioner(s): Mr.D.Bennington (in both Crl.OPs.) For Respondent(s): Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side) (in both Crl.OPs.)

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COMMON ORDER

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

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

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CRL OP Nos. 19872 & 19877 of 2026

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30.06.2026 for the alleged offences under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023, in Crime Nos.68 & 65 of 2026 on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner was involved in the theft of a mobile phone belonging to the de facto complainant while travelling in a train. Hence, the case was registered.

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The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and has been falsely implicated in the case. It is further submitted that the petitioner has been in judicial custody since 30.06.2026. Hence, he prayed for grant of bail to the petitioner.

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The learned Government (Criminal Side) appearing for the respondent submitted that no previous case is pending against the petitioner. However, it is submitted that the stolen properties have already been recovered from the petitioner. Hence, he opposed to grant bail to the petitioner.

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5. I have given anxious consideration to the submissions made by the learned counsel on either side.

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

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CRL OP Nos. 19872 & 19877 of 2026

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From the submission of the learned counsel on either side, it is seen that the petitioner has no previous criminal antecedents and the property involved in this case have already been recovered. Taking into consideration the long incarceration of the petitioner since 30.06.2026, absence of criminal antecedents and the recovery of the properties, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

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Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), each with two sureties (out of which one surety must be a blood related surety ), for a like sum each to the satisfaction of the learned Judicial Magistrate No.IV, Vellore, 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 daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

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

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CRL OP Nos. 19872 & 19877 of 2026

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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 law as if the conditions had been imposed and the petitioners 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.

24-07-2026

DRL

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 OP Nos. 19872 & 19877 of 2026

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To

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1.The Judicial Magistrate No.IV, Vellore.

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