Citation : 2026 Latest Caselaw 2337 Mad
Judgement Date : 6 May, 2026
CRL OP No. 11654 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11654 of 2026
Sekar
..Petitioner
Vs
State Rep by,
Inspector of Police,
Bhuvanagiri Police Station,
Cuddalore District.
Crime No.49 of 2026 ..Respondent
Prayer: Criminal Original Petition filed under section 483 of B.N.S.S, 2023,
seeking to grant bail to the petitioner in connection with the Crime No.49 of
2026 on the file of Respondent Police.
For Petitioner: Mr.T.Meganathan
For Respondent: Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
20.03.2026 for the alleged offences under Sections 126(2), 232, 296(b) and
351(2) of BNS, r/w section 4 of TNPHW Act, in Crime No.49 of 2026 on the
file of the respondent police, seeks bail.
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2. The case of the prosecution is that on 17.03.2026 the petitioner abused
and threatened the de-facto complainant to withdraw the previous complaint
lodged against him. Hence, the complaint.
3. Learned counsel appearing for the petitioner would submit that the
petitioner is innocent and has been falsely implicated in this case without any
basis. He would further submit that the petitioner is ready to cooperate with the
investigation. The learned counsel would further contend that the petitioner is
ready to abide by any condition that may be imposed on him by this Court.
4. Learned Government Advocate (Criminal Side) appearing for the
respondent police, while opposing the grant of bail to the petitioner, reiterated
the prosecution case and submitted that the petitioner was arrested and
remanded to the judicial custody on 20.03.2026.
5.At this juncture, the learned counsel for the petitioner submitted that
the petitioner, without prejudice to his defence and contention, is ready and
willing to deposit an amount of Rs.25,000/- to any association. Hence, he prays
for grant of bail to the petitioner.
6. Heard both sides and perused the materials available on record.
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7. Considering the facts and circumstances of the case, the nature of the
allegations and the submissions made by learned counsel on either side, and
taking note of the period of incarceration undergone by the petitioner as well as
the fact that the petitioner has volunteered to deposit a sum of Rs.25,000/- to
the credit of the 'Tamil Nadu Advocates' Clerks Association, Chennai', this
Court is inclined to grant bail to the petitioner subject to certain conditions.
8. Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees
Twenty Five Thousand only) to the Tamil Nadu Advocate Clerk
Association, Chennai, Account No. 484026006, Branch: Indian Bank High
Court, IFSC No.IDIB000M157 and on such deposit, the petitioner is ordered
to be released on bail on his executing 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 District Munsif-cum-Judicial Magistrate, Parangipettai,
Cuddalore District and on further conditions that:
[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 daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;
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[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 petitioner in accordance with law as if the conditions had been imposed and the petitioner 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.
06-05-2026
nvi/kas
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 District Munsif-cum-Judicial Magistrate Parangipettai Cuddalore District
2.The Jailor The Sub-Jail Chidambaram Cuddalore Distroct.
3. The Inspector of Police Bhuvanagiri Police Station, Cuddalore District.
4.The Public Prosecutor High Court of Madras Chennai 600 104
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L.VICTORIA GOWRI, J.
nvi/kas
06-05-2026
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