Sathish vs Home, Prohibition And Excise ...
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Madras High Court

Sathish vs Home, Prohibition And Excise ... on 14 May, 2026

                                                                           CRL OP No. 12272 of 2026


                                  6IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                   DATED: 14.05.2026
                                                       CORAM
                                     THE HON'BLE MR.JUSTICE P. DHANABAL
                                               CRL OP No. 12272 of 2026

               1.Sathish
               2. Subash

                                                                                  ..Petitioner(s)
                                                          Vs
                State By, The Station House Officer,
                Sankarapuram Police Station,
                Kallakurichi District.
                Crime No.177 of 2026
                                                                                ..Respondent(s)

                Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S. to
                enlarge the petitioner on bail in Crime No.177 of 2026 pending on the file of the
                respondent police.
                              For Petitioner(s):       Mr.S.Thirugnanam

                              For Respondent(s):       Mr.V.J.Priyadarsana
                                                       Government Advocate (Crl. Side)


                                                       ORDER

The petitioner, who was arrested and remanded to judicial custody on

17.04.2026 for the offences punishable under Sections 326(g) of BNS, 2023 in

Cr. No.177 of 2026 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that due to previous enmity, petitioner

set fire to the house of the defacto complainant. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is

under judicial custody since 17.04.2026. He further submitted that the petitioner

is an innocent person and he has not committed any offence as alleged by the

prosecution. Therefore, he prayed to grant bail to the petitioner.

4.The learned Government Advocate (Criminal Side) reiterated the

prosecution case and submitted that investigation is pending and submitted that

there is no previous case pending against the petitioner. Hence, he vehemently

opposed the grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6.Considering the rival submissions made on either side, the nature of

offence, nobody was injured in this case, the fact that the petitioner has no

previous case and considering the period of incarceration undergone by him,

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

conditions:

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[a] Accordingly, the petitioner is ordered to be released on

bail on condition to execute 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 Judicial Magistrate,

Sankarapuram, Kallakurichi District and on further conditions

that:

[b] the petitioner shall report before the respondent

police daily at 10.30 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to

the offence of which she is accused, or suspected, or of the

commission of which she is suspected;

[d] the petitioner shall not abscond either during

investigation or trial;

[e] the petitioner shall not directly or indirectly make any

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade her from disclosing such facts to

the Court or to any police officer or tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the

learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be

registered under Section 269 B.N.S.2023.

14.05.2026 SMA

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. Judicial Magistrate, Sankarapuram, Kallakurichi

2. The Station House Officer, Sankarapuram Police Station, Kallakurichi District.

3. The Superintendent Sub Jail, Kallakurichi

4. The Public Prosecutor, Madras High Court.

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P.DHANABAL, J.

SMA

14.05.2026

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