Citation : 2026 Latest Caselaw 1919 Mad
Judgement Date : 16 April, 2026
CRL OP(MD). No. 7424 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. 7424 of 2026
Pous Senthil @ Senthilkumar
...Petitioner/Sole Accused
Vs
State of Tamil Nadu rep. by
The Inspector of Police,
Budalur Police Station,
Thanjavur District.
(Crime No.59 of 2026)
...Respondent/Complainant
For Petitioner:Mr.T.Udhayajeeva
For Respondent:Mr.B.Nambi Selvan
Additional Public Prosecutor
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-
For Bail in Cr.No.59 of 2026 on the file of
the respondent police.
1/8
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 7424 of 2026
ORDER :
The Court made the following order :-
The petitioner/sole Accused, who was arrested
and remanded to judicial custody on 06.03.2026
for the offences punishable under Sections
296(b), 126(2) and 351(3) of BNS, 2023 r/w Sectin
25(1) of Arms Act, in Crime No.59 of 2026 on the
file of the respondent police, seeks bail.
2.The case of the prosecution is that on
06.03.2026, at about 09.00 a.m., when the defacto
complainant was riding TVS XL two wheeler from
Bothalur towards Thirukattupalli, at that time,
near Boothalur Tasmac Branch road, the petitioner
was standing in the middle of the road.
Thereafter, he sounder the horn and asked him to
move aside. At that time, the petitioner abused
him in filthy language and also threatened him
with knife. Hence, the complaint.
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3.The learned counsel for the petitioner
would submit that the petitioner is an innocent
and he was falsely implicated in this case and he
is no way connected in the above said incident.
He has not committed any offence as alleged by
the prosecution. The petitioner has been arrested
and remanded to judicial custody on 06.03.2026.
Hence, he prays to grant bail to the petitioner.
4. The learned Additional Public Prosecutor
appearing for the respondent Police would submit
that investigation is still pending. He would
further submit that the petitioner is a history
sheeter and he has 8 previous cases and no one
sustained any injury. Therefore, he vehemently,
opposed to grant of bail.
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 while sounding the
horn of the two wheeler and though the petitioner
has 8 previous cases, the same are not similar
kind of offence and in all cases, he was released
on bail and the investigation in this case is still pending
and also considering the fact that no one
sustained any injury and the period of
incarceration undergone by the petitioner from
06.03.2026, this Court is inclined to grant bail
to the petitioner subject to the following
conditions:
[a] Accordingly, the petitioner is
ordered to be released on bail on
condition to execute 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
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Magistrate, Thanjavur, and on further
conditions that:
[b] the petitioner shall report before
the Inspector of Police, Peravurani Police
Station, Thanjavur District, daily at
10.30 a.m., for a period of 30 days and
thereafter, as and when required for
interrogation before the respondent
Police.
[c] the petitioner 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 petitioner 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
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Court or to any police officer or tamper
with the evidence;
[f] On breach of any of the aforesaid
conditions, the learned Judicial
Magistrate/Trial Court is entitled to take
appropriate action against the petitioner
in accordance with law as if the
conditions have been imposed and the
petitioner 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].
[g] If the accused thereafter
absconds, a fresh FIR can be registered
under Section 269 BNS.
(P D B J)
16.04.2026 vsg
https://www.mhc.tn.gov.in/judis
To
1.The learned Judicial Magistrate, Thanjavur.
2.The Inspector of Police, Budalur Police Station, Thanjavur District.
3.The Inspector of Police, Peravurani Police Station, Thanjavur District.
4.The Superintendent,Central Prison, Trichy District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
P.DHANABAL, J.,
vsg
ORDER IN
Date : 16.04.2026
https://www.mhc.tn.gov.in/judis
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