Citation : 2026 Latest Caselaw 2323 Mad
Judgement Date : 6 May, 2026
Crl.O.P.No.11624 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Dated : 06.05.2026
PRESENT
The HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP.No.11624 of 2026
Murali.P ... Petitioner
Vs.
State of Tamil Nadu,
Represented by the Inspector of Police,
C2 – Periyapalayam Police Station,
Tiruvallur District.
(Crime No.124 of 2026) ... Respondent
For Petitioner : Mr.T.Arunkumar
For Respondent : Mr.V.J.Priyadarsana
Government Advocate (Crl. side)
PETITION FOR BAIL Under Sec.483 of BNSS, 2023.
PRAYER :- For Bail in Cr.No. 124 of 2026 on the file of the respondent police.
ORDER
The petitioner/sole accused, who was arrested and remanded to judicial
custody on 10.04.2026 for the offences punishable under Sections 296(b) and
326(g) of the BNS, 2023 in Crime No.124 of 2026, on the file of the respondent
police, seeks bail.
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2.The case of the prosecution is that on 10.04.2026, the petitioner
allegedly set fire to the name board of a shop belonging to the defacto
complainant due to previous enmity. Hence, this case has been registered.
3. The learned counsel for the petitioner submits that the petitioner is an
innocent person and he has not committed any offence as alleged by the
prosecution. However, he has been arrested and he is languishing in jail from
10.04.2026. Therefore, he prays for grant of bail.
4. The learned Government Advocate (Crl. side) appearing for the
respondent police, on instructions, submits that due to previous enmity over
dispute of rent money for the shop situated at Kannigaiper Bazaar, the petitioner
quarreled with the defacto complainant and set fire of the shop’s plastic roof, for
which, AC outer box, EB line were damaged causing total value of damage at
Rs.2,30,000/-. Hence, the learned counsel has opposed for grant of bail.
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.
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6.Considering the facts and circumstances and considering the period of
incarceration already undergone and also taking note of the fact that the
petitioner has come forward to deposit an amount of Rs.10,000/- to the credit
of "Tamil Nadu Advocate Clerk Association, Chennai”, this Court is
inclined to enlarge the petitioner on bail, subject to certain conditions.
7. Accordingly, the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten
Thousand only) as cost to the Tamil Nadu Advocate Clerk Association,
Chennai and on such payment, the petitioner is ordered to be released on bail,
on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with
two sureties for a like sum each, to the satisfaction of the learned District
Munsif cum Judicial Magistrate Court, Uthukottai, and on further
conditions:
a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
b)the petitioner shall report before the respondent police daily at 10.30 a.m., for two weeks and thereafter, as and when required for interrogation, until further orders;
https://www.mhc.tn.gov.in/judis
c)the petitioner shall not tamper with evidence or witness;
d)the petitioner shall not abscond during trial;
e)On breach of any of the aforesaid conditions, the learned 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].
f) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
8. With the above directions, the Criminal Original Petition is allowed.
06.05.2026 rli
Note to office:
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.
https://www.mhc.tn.gov.in/judis
TO
1.The District Munsif cum Judicial Magistrate, Uthukottai.
2. The Central Prison, Puzhal.
3.The Inspector of Police, C2- Periyapalayam Police Station, Tiruvallur District.
4.The Additional Public Prosecutor, Madras High Court,Madras.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI,J
rli
ORDER IN
Date : 06.05.2026
https://www.mhc.tn.gov.in/judis
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