Dinesh vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 2528 Mad

Citation : 2026 Latest Caselaw 2528 Mad
Judgement Date : 13 May, 2026

[Cites 1, Cited by 0]

Madras High Court

Dinesh vs State Of Tamilnadu Rep By Inspector Of ... on 13 May, 2026

                                                                     CRL OP(MD). No.9446 of 2026


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             Dated : 13/05/2026

                                                   CORAM

                           THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN

                                        CRL OP(MD). No.9446 of 2026

                     Dinesh                            ... Petitioner/Sole Accused

                                                       Vs

                     State of Tamilnadu Rep by,
                     The Inspector of Police,
                     Thirukattupalli Police Station,
                     Thanjavur District.
                     (Crime No. 86/2026).              ... Respondent/Complainant

                     PRAYER :-

                         For Bail in Crime No. 86/2026 on the file of the respondent
                     police.


                       For Petitioner : D.Rajaboopathy,
                                        Advocate.
                       For Respondent : Mr.S.Ravi,
                                        Additional Public Prosecutor


                     ORDER :

The Court made the following order :-

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The petitioner, who was arrested and remanded to judicial custody

on 17.04.2026 for the offences punishable under Sections 296(b), 115(2)

of BNS, 2023 @ 296(b), 115(2) and 105 of BNS, 2023, in Crime No.86

of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased is the brother-

in-law of the petitioner. There is a dispute pending between the parties

relating to the distribution of properties. As a result, on 14.04.2026, there

was a wordy altercation and the petitioner is said to have shoved the

deceased down and caused a head injury and hence, initially FIR was

registered for the offences under sections 296(b), 115(2) of BNS, 2023,

and subsequently, after receiving the death intimation of the deceased on

the next date of the occurrence, the FIR was altered into the offences

under Sections 296(b), 115(2) and 105 of BNS, 2023. Hence, the

complaint.

3. The learned counsel for the petitioner submitted that the

petitioner is an innocent person and he has not committed any offences as

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alleged by the prosecution. He further submitted that no previous case is

pending against the petitioner and the petitioner is in judicial custody

from 17.04.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the State

strongly opposed to grant bail to the petitioner stating that the

investigation is at a preliminary stage. However, he fairly conceded that

the petitioner has no previous cases.

5. Taking into consideration of the facts and circumstances of the

case and also considering the fact that the petitioner has no previous case

and also considering the period of incarceration suffered by the

petitioner, this Court is inclined to grant bail to the petitioner, subject to

the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on

executing a bond 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

Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District, and on

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further conditions that :-

[a] the petitioner and the sureties shall affix their

photographs and left thumb impression in the surety bond

and the Magistrate may obtain a copy of their Aadhaar card

or bank pass book to ensure their identity;

[b] the petitioner shall report before the

respondent police daily at 10.30 a.m., until further

orders;

[c] the petitioner shall not tamper with the evidence

or witness either during investigation or trial;

[d] the petitioner shall not abscond either during

investigation or 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 is 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

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[(2005)AIR SCW 5560];