Citation : 2026 Latest Caselaw 2480 Mad
Judgement Date : 13 May, 2026
CRL OP No. 12370 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL CRL OP No. 12370 of 2026
1. Ragu S/o Rasu, 672, North Street, Kannuthoppu, Kurinjipadi Taluk, Vadakuthu, Cuddalore -607303
2. Rajadurai S/o Sikamani, No.575, West Street, Mudapallai post, Pulavankuppam, Virasingankuppam, Cuddalore District -607805
..Petitioner(s) Vs The State rep by The Inspector of Police Anupparpalayam Police Station, Tiruppur.
Crime No.174 of 2026.
..Respondent(s)
Criminal Original Petition is filed under Section 483 BNSS to enlarge the petitioners on bail in crime No.174 of 2026 on the file of the respondent police and thus render justice
For Petitioner(s): Mr.J.Franklin
For Respondent(s): Mr.R.Vinothraja, Government Advocate (Crl.Side)
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Order
The petitioners/Accused, who were arrested and remanded to judicial
custody on 08.04.2026 for the offences punishable under Sections 296, 126(2),
109 of of BNS, 2023 (294, 341, 307 of IPC) in Cr. No.174 of 2026 on the file of
the respondent police, seek bail.
2. The case of the prosecution is that the first petitioner being the
husband was alleged to have attempted to murder his wife with an aid of co-
accused with a weapon on questioning her fidelity, as a result of which, the
defacto complainant sustained grievous injuries. Hence the case.
3. The learned counsel for the petitioners would contend that the
petitioners have been falsely implicated in this case. The petitioners are an
innocent and they are nothing to do with the alleged offences. The earlier bail
application filed by the petitioners before the Trial Court was dismissed. They
are in judicial custody from 08.04.2026. Therefore prayed to grant bail to the
petitioners.
4. The learned Government Advocate (Criminal Side) would submit that
due to family dispute, the 1st petitioner/husband with the aid of the 2nd petitioner
attacked the defacto complainant. Based on the complaint given by the defacto
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complainant, this case was registered against the accused persons. Now the
injured has been discharged from the hospital. However, he strongly opposed
to grant bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side, considering
the nature of offences, and the fact that the petitioners are in judicial custody
from 08.04.2026, and the injured have already been discharged from the
hospital, 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/- each (Rupees Ten
Thousand only) with two sureties, each for a like sum to the satisfaction of the
learned Judicial Magistrate No.III, Tiruppur, and on further conditions that:
[b] the petitioners shall report before the respondent Police, daily at
10.00 a.m. until further orders;
[c] the petitioners shall not commit any offence similar to the offence of
which they are accused, or suspected, or of the commission of which they are
suspected;
[d] the petitioners shall not abscond either during investigation or trial;
[e] the petitioners shall not directly or indirectly make any inducement,
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threat or promise to any person acquainted with the facts of the case so as to
dissuade him 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
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 themselves
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 B.N.S.2023.
13-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
SK
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 Inspector of Police Anupparpalayam Police Station, Tiruppur.
Crime No.174 of 2026.
2.The Judicial Magistrate No.II, Tiruppur.
3.The Public Prosecutor, Madras High Court.
4.The Superintendent, District Jail, Tiruppur.
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P.DHANABAL J.
sk
13-05-2026
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