[Cites 3, Cited by 0]
Madras High Court
Logeshwaran vs The State Rep By The Inspector Of Police on 15 April, 2026
CRL OP No. 9284 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 9284 of 2026
1. Logeshwaran
2. Vishnu Varshan
..Petitioner
Vs
The State rep. by
The Inspector of Police,
South Police Station,
Tiruppur. (Crime No.150 of 2026) ..Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail pending
investigation in Crime No.150 of 2026 on the file of the Inspector of Police,
South Police Station, Tiruppur.
For Petitioner: Mr.P.Thinesh
For Respondent: Mr.S.Vinoth Kumar,
Government Advocate (Crl.Side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on
14.03.2026 for the alleged offences under Sections 191(2), 191(3), 140(3),
296(b), 115(2), 118(1), 351(3) of the Bharatiya Nyaya Sanhita, 2023 (147, 148,
341, 294(b), 323, 324, 506(ii) of Indian Penal Code, 1860), in Crime No.150 of
2026 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the petitioners along with other
accused kidnapped the defacto complainant due to prior enmity and assaulted
him causing injuries. Hence, the case was registered.
3. The learned counsel appearing for the petitioners submitted that the
petitioners are innocent and have no direct or indirect connection with the
occurrence and they have no bad antecedents. The learned counsel would
further submit that the petitioners have been in incarceration since 14.03.2026
and are ready to furnish sureties and abide by any condition imposed by this
Court. Hence, he prayed for grant of bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent submitted that the petitioners assaulted the defacto complainant and
caused injury and that the injured has been discharged from the hospital on the
same day. It is further submitted that the co-accused has already been released
on bail on 02.04.2026 in Crl.O.P.No.8288 of 2026. However, he opposed to
grant bail to the petitioners.
5. I have given anxious consideration to the submissions made by the
learned counsel on either side.
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6. Considering the submissions of the learned counsel appearing on either
side, this Court is of the view that the injured has been discharged from the
hospital on the same day. Considering the period of incarceration undergone by
the petitioner since 14.03.2026 and also considering the fact that the co-accused
have already been released on bail on 02.04.2026 in Crl.O.P.No.8288 of 2026,
this Court is inclined to extent parity to the petitioner and enlarge him on bail,
subject to certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on their
executing a bond each for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand
only), with two sureties for a like sum each to the satisfaction of the learned
Judicial Magistrate II, Tiruppur, and 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;
[b] the petitioner shall report before the respondent
police everyday at 10.30 a.m. for a period of two weeks
and thereafter as and when required for interrogation;
[c] the petitioners shall not abscond either during
investigation or trial;
[d] the petitioners shall not tamper with the evidence or
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];
[f] if the petitioners thereafter abscond, a fresh FIR may be
registered under Section 269 of the Bharatiya Nyaya Sanhita,
2023.
15-04-2026
NSL
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 learned Judicial Magistrate No.II, Tiruppur.
2. Central Prison, Tiruppur.
3. The Inspector of Police, South Police Station, Tiruppur.
4. The Public Prosecutor, High Court of Madras.
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C.KUMARAPPAN, J.
NSL
15-04-2026
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