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Madras High Court
Dhanaraju vs The State Represented By The Inspector ... on 10 April, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.9054 of 2026
Dhanaraju ... Petitioner(s)
Vs.
State rep. by the Inspector of Police,
Namakkal, Namakkal District. ... Respondent(s)
[Crime No.109 of 2026]
PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.109 of 2026 pending on
the file of the respondent police.
For Petitioner(s) : Mr.S.Sheik Ismail
For Intervenor(s) : Mr.W.Camyles Gandhi
For Respondent(s) : Mr.S.Vinoth Kumar
Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
15.03.2026 for the alleged offence under Sections 296(b), 115(2), 118(1), 126(2)
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and 351(2) of BNS, 2023 and Section 4 of TN Prohibition of Harassment to
Women Act, in Crime No.109 of 2026, on the file of the respondent police,
seeks bail.
2. The case of the prosecution is that due to land dispute, the petitioner,
along with the other accused abused the defacto complainant in filthy language
and assaulted the defacto complainant with wooden logs and iron rod and
thereby the defacto complainant sustained injuries and admitted to hospital.
Hence, the case.
3. The learned counsel for the petitioner would submit that the alleged
occurrence took place on 26.02.2026 and that the FIR came to be registered only
on 03.03.2006 and in furtherance thereof, the petitioner was remanded to
judicial custody on 15.03.2026. According to the prosecution, the allegation
against this petitioner is that the defacto complainant purchased the petitioner’s
property and since the defacto complainant has not paid the sale consideration,
the petitioner did not sign and in furtherance thereof, there was some wordy
quarrel and the present FIR came to be registered.
4. At this juncture, Mr.Camyles Gandhi, learned counsel for the defacto
complainant would submit that the defacto complainant is aged 67 years and
still he is taking treatment as an outpatient from the hospital.
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5. However, the learned Government Advocate would submit that the
injured has already been discharged from the hospital.
6. I have given my anxious consideration to the submissions made by the
learned counsel on either side.
7. While considering the above narration, it appears that the injured has
been discharged from the hospital and the entire issue has been erupted only
because of the land dispute and the petitioner is under incarceration since
15.03.2026, this Court is inclined to enlarge the petitioner on bail with certain
stringent conditions:
8. 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), with two sureties each for a like sum, to the satisfaction of the Judicial
Magistrate No.1, Namakkal, subject to the following conditions:
[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 stay at Coimbatore and report
before the Inspector of Police, Singanallur Police Station
daily at 10.30 a.m., for a period of 15 days;
[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 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];
[f] if the petitioner thereafter abscond, a fresh FIR may
be registered under Section 269 of the Bharatiya Nyaya
Sanhita, 2023.
10.04.2026
ata
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.
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To
1. The Judicial Magistrate No.1, Namakkal.
2. The Superintendent, Sub Jail, Namakkal.
3. The Inspector of Police, Namakkal, Namakkal District.
4. The Public Prosecutor, High Court of Madras.
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C.KUMARAPPAN,J.
ata
10.04.2026
https://www.mhc.tn.gov.in/judis
