Rajesh vs The State Of Tamilnadu Rep By The ...
2026 Latest Caselaw 1912 Mad

Citation : 2026 Latest Caselaw 1912 Mad
Judgement Date : 16 April, 2026

[Cites 1, Cited by 0]

Madras High Court

Rajesh vs The State Of Tamilnadu Rep By The ... on 16 April, 2026

                                                                  CRL OP(MD). No. 7340 of 2026



                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                         ( Criminal Jurisdiction )

                                            Date   : 16.04.2026

                                                   PRESENT

                                  THE HONOURABLE MR. JUSTICE P. DHANABAL

                                       CRL OP(MD). No. 7340 of 2026


                     1.Rajesh

                     2.Maheswharan                  ...Petitioners/A1 and A2

                                                     Vs

                     State of Tamil Nadu rep. by
                     The Inspector of Police,
                     Irukkangudi Police Station,
                     Virudhunagar District.
                     (Crime No.76 of 2026)
                                            ...Respondent/Complainant


                                     For Petitioners:Mr.S.Prabha
                                     For Respondent:Mr.B.Nambi Selvan
                                           Additional Public Prosecutor


                                  PETITION FOR BAIL Under Sec.483 of BNSS

                     PRAYER :-

                         For Bail in Cr.No. 76 of 2026 on the file of
                     the respondent police.


                     1/8




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                                                                         CRL OP(MD). No. 7340 of 2026




                     ORDER :

The Court made the following order :-

The petitioners/A1 and A2, who were arrested

and remanded to judicial custody on 23.03.2026

for the offences punishable under Sections

127(2), 296(b), 109 and 351(3) of BNS, 2023, in

Crime No.76 of 2026 on the file of the respondent

police, seek bail.

2.The case of the prosecution is that on

23.03.2026 at about 05.00 p.m., the first accused

took a vide of damaging bridge at Nathathupatti.

When the same was questioned by the defacto

complainant, the petitioners abused him in filthy

language, attempted to murder him, assaulted with

knife and caused injuries to him and also

threatened to kill him. Hence, the complaint.

3.The learned counsel for the petitioners

would submit that the petitioners are innocent

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persons and they were falsely implicated in this

case and they are no way connected in the above

said incident. They have not committed any

offence as alleged by the prosecution. The

petitioners have been arrested and remanded to

judicial custody on 23.03.2026. Hence, he prays

to grant bail to the petitioners.

4. The learned Additional Public Prosecutor

appearing for the respondent Police would submit

that the injured person has been discharged from

the hospital and the offences are grave in

nature. Hence, he strongly opposed to grant bail

to the petitioners. However, they have no

previous cases.

5. This Court heard both sides and perused

the materials available on record.

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6. Considering the rival submissions made by

the learned counsel on either side, nature of

offence, and considering the fact that there was

a dispute between the parties regarding the

substandard construction of the bridge and no

previous case is pending against the petitioner

and also considering the fact that the injured

person has been discharged from the hospital and

the period of incarceration undergone by the

petitioners from 23.03.2026, this Court is

inclined to grant bail to the petitioners subject

to the following conditions:

[a] Accordingly, the petitioners are

ordered to be released on bail on

condition to execute a bond for a sum of

Rs.10,000/- (Rupees Ten Thousand only)

each with two sureties each for a like sum

to the satisfaction of the learned

Judicial Magistrate No.II, Sattur,

Virudhunagar District, and on further

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conditions that:

[b] the petitioners shall report

before the Inspector of Police, Sattur

Police Station, Virudhunagar District,

daily at 10.30 a.m., until further orders.

[c] the petitioners shall not commit

any offence similar to the offence of

which she is accused, or suspected, or of

the commission of which she is suspected;

[d] the petitioners shall not abscond

either during investigation or trial;

[e] the petitioner shall not directly

or indirectly make any inducement, threat

or promise to any person acquainted with

the facts of the case so as to dissuade

her from disclosing such facts to the

Court or to any police officer or tamper

with the evidence;

[f] On breach of any of the aforesaid

conditions, the learned Judicial

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Magistrate/Trial Court is entitled to take

appropriate action against the petitioners

in accordance with law as if the

conditions have been imposed and the

petitioners released on bail by the

learned Magistrate/Trial Court himself as

laid down by the Hon'ble Supreme Court in

P.K.Shaji vs. State of Kerala [(2005)AIR

SCW 5560].