[Cites 1, Cited by 0]
Madras High Court
Nithish Kumar vs The State Rep. By Inspector Of Police on 7 May, 2026
Crl.O.P.No.11736 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.05.2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.O.P.No.11736 of 2026
1. Nithish Kumar
S/o.Balasubramani, Residing at 105-A-2,
Sundeliperumal Kovil Street, Elampillai
Sankari Taluk, Salem District - 637 502
and 5 Others
2. Seenivasan
S/o.Mahalingam, Residing at 105-A-2,
Sundeliperumal Kovil Street, Elampillai
Sankari Taluk, Salem District - 637 502
3. Balaji
S/o.Govintharaj, Residing at 105-A-2,
Sundeliperumal Kovil Street, Elampillai
Sankari Taluk, Salem District - 637 502
4. Dinesh
S/o.Elumalai, Residing at 105-A-2,
Sundeliperumal Kovil Street, Elampillai
Sankari Taluk, Salem District - 637 502
5. Kamal
S/o.Seenivasan, Residing at 105-A-2,
Sundeliperumal Kovil Street, Elampillai
Sankari Taluk, Salem District - 637 502
6. Saravanan
S/o.Perumal, Residing at 105-A-2,
1/7
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.11736 of 2026
Sundeliperumal Kovil Street, Elampillai
Sankari Taluk, Salem District - 637 502
... Petitioners
Vs.
State, Represented
by The Inspector of Police,
Magudanchavadi Police Station,
Salem District
( Cr.No.84/2026) ... Respondent/Complainant
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.84
of 2026 pending investigation on the file of the respondent police.
For Petitioner : Mr.A. Saravanan
For Respondent : Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
The petitioners who were arrested and remanded to judicial custody on
05.04.2026, for the offence punishable under Sections
191(2),191(3),296(b),118(1),329(4) and 351(3) of BNS, 2023 in connection with
Crime No.84 of 2026, registered on the file of the respondent, seek bail.
2. The case of the prosecution is that there was a civil dispute pending
between the parties, due to which the petitioners abused the defacto complainant
and his wife and caused injuries to them. Hence, the case.
https://www.mhc.tn.gov.in/judis
3.The learned counsel for the petitioners would submit that the petitioners
are no way connected with the above case and they have been falsely implicated
in this case. The petitioners are in judicial custody from 05.04.2026 and hence,
further custody of the petitioners are not required. He further submitted that each
of the petitioners, without prejudice to his rights, is ready to deposit a sum of
Rs.5,000/- each totally Rs.30,000/- to any welfare scheme of the Government or
any other organization. Hence, he prayed for grant of bail to the petitioners.
4.The learned Government Advocate (Criminal Side) appearing for the
respondent police, while opposing for grant of bail to the petitioners, reiterated the
prosecution case and submitted that the injured got discharged and there is no
previous case pending against the petitioners.
5.Heard both sides and perused the materials available on record.
6.Considering the facts and circumstances of the case, the submissions
made by the learned counsels on either side and the period of incarceration
undergone by the petitioners, this Court is inclined to grant bail to the petitioners
with certain conditions.
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7.Accordingly, the petitioners are ordered to be released on bail on their
executing separate bonds 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, Sankari , 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 petitioners shall jointly deposit a sum of
Rs.30,000/-(Rupees Thirty Thousand only) (Non refundable)
each towards the account of CANCER INSTITUTE (WIA),
Adayar, Savings Bank Account maintained at Andhra Bank,
Madhya Kailash Branch, Cancer Institute(WIA),
Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36,
bearing SB Account No.149710011005477, IFS Code
No.ANDB0001497, Branch Name and Code 1497, MICR
No.600011049 and to produce the Bank Challan before the
learned Judicial Magistrate No.II, Sankari and the receipt
shall be produced at the time of executing the bond;
[c] the petitioners shall report before the respondent
Police daily at 10.30 a.m., for a period of three weeks; thereafter
as and when required for interrogation;
[d] the petitioners shall make himself available for
interrogation by a Police Officer as and when required;
https://www.mhc.tn.gov.in/judis
[e] the petitioners shall not directly or indirectly cause any
threat to the de facto complainant and witnesses;
[f] the petitioners to give an undertaking that if required for
being identified by witnesses during investigation or for police
custody beyond the first fifteen days, he shall comply to the
directions as may be given by the Court in this regard;
[g] On breach of any of the aforementioned conditions, the
learned Magistrate/Trial Court is entitled to pass appropriate orders
against the petitioners in accordance with law as if the
aforementioned 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)13 SCC 283];
[h] If the accused thereafter absconds, a fresh FIR can be
registered under Section 269 of B.N.S.
07.05.2026
smn/vv
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.
https://www.mhc.tn.gov.in/judis
To
1.The Judicial Magistrate No.II, Sankari
2.The Inspector of Police,
Magudanchavadi Police Station,
Salem District
3.The Superintendent,
Central Prison, Salem
4.The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
smn/vv
07.05.2026
https://www.mhc.tn.gov.in/judis
