Citation : 2026 Latest Caselaw 2741 Mad
Judgement Date : 22 May, 2026
Crl.O.P.No.13409 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2026
CORAM
THE HON'BLE MR. JUSTICE R.SAKTHIVEL
Crl.O.P.No.13409 of 2026
Mr.Nirmalkumar Ramesh
S/o.Ramesh
...Petitioner/Accused
Vs.
The Inspector of Police,
F-2 Egmore Police Station,
Chennai District.
(Crime No.291 of 2026) ...Respondent/ Complainant
PRAYER: Criminal Original Petition filed under Section 482 of
Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the
Petitioner on pre-arrest bail in the event of his arrest in Crime No.291 of
2026 pending investigation on the file of Respondent Police.
For Petitioner : Mr.T.Balaji
For Respondent : Mr.S.Yogaraja Sekar
Counsel for Government of Tamil Nadu
(Criminal Side)
1/7
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.13409 of 2026
ORDER
This Criminal Original Petition has been filed by the Petitioner on
19.05.2026 for the alleged offence under Sections 126(2), 329(4), 296(b),
115(2), 324(3) and 351(3) of Bharathiya Nyaya Sanhita, 2023, in Crime
No.291 of 2026, praying to grant an order of pre-arrest bail.
2.The case of prosecution is that on 10.05.2026 at 9.30 when the
defacto complainant viz., Vinayagam was in his house, the Petitioner and
others broken the house lock and trespassed into the defacto
complainant’s house with knife and threatened him. Hence, the
complaint.
3.The learned Counsel appearing for Petitioner submitted that the
Petitioner has not at all committed any of offence as alleged by the
Respondent Police and he has been falsely implicated in this case and he
will abide by any condition that may be imposed by this court. Hence, he
prayed to grant an order of pre-arrest bail to the Petitioner.
4.The learned Government Advocate (Criminal Side) appearing for
Respondent Police submitted that the Petitioner/accused has 8 previous
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cases including the case registered under NDPS Act. The Petitioner
caused damage to the property and but no injuries caused to the victim.
He further submitted that the accused has 8 previous cases. Hence, he
opposed to grant pre-arrest bail to the Petitioner.
5.Considering the facts and circumstances and the fact that no
injuries caused to the victim, this Court is inclined to grant pre-arrest bail
to the Petitioner subject to the following conditions:
(i) The Petitioner shall be released on pre-arrest bail in the event of
his arrest or in the event of his surrender before the learned XIV
Metropolitan Magistrate, Chennai within a period of 15 days from today,
on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand
only), along with two sureties each for a like sum of Rs.10,000/- (Rupees
Ten Thousand only) to the satisfaction of the learned XIV Metropolitan
Magistrate, Chennai;
(ii) The Petitioner shall appear and sign before the learned
Judicial Magistrate, Tindivanam, on everyday at 10.00 a.m., and at
5.00 p.m. until further orders;
https://www.mhc.tn.gov.in/judis
(iii) The Petitioner shall stay at Tindivanam and shall not leave
Tindivanam without prior permission from the learned Judicial
Magistrate, Tindivanam;
(iv) The sureties shall affix their photographs and left thumb
impression in the Application for Suretyship [Judicial Form No.46
annexed to 'The Criminal Rules of Practice, 2019]. The learned XIV
Metropolitan Magistrate, Chennai shall obtain a copy of any one of their
identity proofs to ensure their identity;
(v) The Petitioner shall furnish his residence address and mobile
number to the learned XIV Metropolitan Magistrate, Chennai.
(vi) The Petitioner shall not enter into the de facto complainant's house or his work place.
(vii) The Petitioner shall not enter into area within 500 metres of the de facto complainant's residence.
(viii) The Petitioner shall not try to contact the de facto complainant, victims, and witnesses either directly or through any
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electronic mode.
(ix) The Petitioner shall not, directly or indirectly, cause any threat
to the defacto complainant and witnesses and shall not tamper the
evidence.
(x) On breach of any of the aforementioned conditions, the learned
XIV Metropolitan Magistrate, Chennai is entitled to pass appropriate
orders against the Petitioner in accordance with law as if the
aforementioned conditions are imposed by them as laid down by the
Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC
283].
6.Accordingly, this Criminal Original Petition is allowed subject to
the conditions stated supra.
22.05.2026 Index : Yes/No Internet : Yes/No Neutral citation : Yes/No pam
Note:-
1.Registry is directed to forthwith upload this order in the official website of this Court.
https://www.mhc.tn.gov.in/judis
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 official website of this Court will be watermarked and will also have a QR code.
To
1.The XIV Metropolitan Magistrate, Chennai.
2.The Judicial Magistrate, Tindivanam.
3.The Inspector of Police, F-2 Egmore Police Station, Tirupathur District.
3.The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis
R.SAKTHIVEL. J.
pam
22.05.2026
https://www.mhc.tn.gov.in/judis
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