Madras High Court
Elango vs The State Rep.By on 6 May, 2026
CRL OP No. 10951 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 10951 of 2026
Elango
Petitioner
Vs
The State Rep.by
The Inspector of Police,
MacDonald Choultry Police Station,
Salem District.
Crime No.84/2026
Respondent
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the Petitioner on bail in Crime No.84 of 2026 on the file of the
respondent police, on such terms and conditions.
For Petitioner: Mr.T.Gobinath
For Respondent: Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 03.04.2026 for the alleged offences under Sections 191 (2), 191(3), 296(b), 118 (1), 329(4), 351(3) of Bharatiya Nyaya Sanhita, 2023 and Section 3 (1) of the Prevention of Damage to Public Property Act, 1984 in Crime No.84 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and the de facto complainant are relatives and that, owing to a civil dispute between them, the https://www.mhc.tn.gov.in/judis CRL OP No. 10951 of 2026 petitioner allegedly trespassed into the residence of the defacto complainant and attacked him with weapons, thereby causing injuries to the de facto complainant. Hence, the present case.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case without any basis. It is further submitted that the petitioner is ready to cooperate with the investigation and will appear before the respondent police as and when required. The learned counsel further contended that the petitioner is ready to abide by any conditions imposed by this Court. Hence, he prayed for the grant of bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution's case and submitted that the injured has been discharged from hospital.
5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.10,000/- to any association. Hence, he prays for grant of bail to the petitioner.
6. Heard both sides and perused the materials available on record.
7. Considering the facts and circumstances of the case, the nature of the allegations and the submissions made by learned counsel on either side, and taking note of the period of incarceration undergone by the petitioner as well as the fact that the petitioner has volunteered to deposit a sum of Rs.10,000/- to the https://www.mhc.tn.gov.in/judis CRL OP No. 10951 of 2026 credit of the 'Tamil Nadu Advocates' Clerks Association, Chennai', this Court is inclined to grant bail to the petitioner subject to certain conditions.
8. Accordingly, the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as cost to the Tamil Nadu Advocate Clerk Association, Chennai, Account No. 484026006, Branch: Indian Bank High Court, IFSC No.IDIB000M157 and on such deposit, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sankari and on further conditions that:
[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 daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;
[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 petitioner in accordance with law as if the conditions had been imposed and the petitioner https://www.mhc.tn.gov.in/judis CRL OP No. 10951 of 2026 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 absconds, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
06-05-2026 vum/stn Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. 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.
To:
1. The Judicial Magistrate No.II, Sankari
2. The Sub Jail, Sankari.
3. The Inspector of Police, MacDonald Choultry Police Station, Salem District.
4. The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis CRL OP No. 10951 of 2026 https://www.mhc.tn.gov.in/judis CRL OP No. 10951 of 2026 L.VICTORIA GOWRI J.
vum/stn CRL OP No. 10951 of 2026 06-05-2026 https://www.mhc.tn.gov.in/judis