Sharmil Kumar vs State Rep By The Inspector Of Police
2026 Latest Caselaw 2774 Mad

Citation : 2026 Latest Caselaw 2774 Mad
Judgement Date : 22 May, 2026

[Cites 1, Cited by 0]

Madras High Court

Sharmil Kumar vs State Rep By The Inspector Of Police on 22 May, 2026

                                                                                   CRL OP No.13360 of 2026


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                       DATED : 22-05-2026
                                                            CORAM
                                       THE HON'BLE MR.JUSTICE R.SAKTHIVEL
                                                     CRL OP No.13360 of 2026

                 1. Sharmil Kumar
                    No.32, North Aarya Street,
                    Thiruvilandur, Mayiladuthurai Taluk,
                    Mayiladuthurai,
                    Nagapattinam,
                    Tamil Nadu – 609 001.

                 2. Raj Mohan,
                    No.42/2, Padasalai Street,
                    Kazhukkanimuttam,
                    Kazhukkanimuttam Post,
                    Thirundalur,
                    Nagapattinam,
                    Tamil Nadu – 609 001.                                         ...Petitioners/Accused



                                                               Vs
                 State Rep. by
                 The Inspector of Police,
                 Mayiladuthurai Police Station,
                 Mayiladuthurai,
                 Nagapattinam District.
                 (Crime No.406 of 2026)                                      ...Respondent/Complainant

                Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya
                Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the
                petitioners in Crime No.406 of 2026 on the file of the respondent police.
                                  For Petitioners:         Mr.D Srinivasan

                                  For Respondent :         Mr.S.Yogaraja Sekar
                                                           Counsel for Government of Tamil Nadu
                                                           (Criminal Side)

                                                                                              __________
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https://www.mhc.tn.gov.in/judis
                                                                              CRL OP No.13360 of 2026




                                                        ORDER

This Criminal Original Petition has been filed by the petitioners on

19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioners apprehend arrest at the hands of the respondent-police

for the offences punishable under Sections 296(b), 118(i), 324(4), 351(3),

303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.406 of 2026

on the file of the respondent-police.

3. The case of the prosecution is that due to the supply of unhygienic

food in the hotel, the petitioners, along with other accused, picked a quarrel and

attacked the owner and staff of the hotel, as a result of which, the de-facto

complainant sustained injuries. Hence, the present case.

4. Mr.D.Srinivasan, the learned counsel for the petitioners, submits that

the petitioners are innocent persons, they have not committed any offence as

alleged by the prosecution and a false case has been foisted against the

petitioners. He further submits that the defacto complainant lodged a false

complainant against the petitioners. He however submits that the petitioners are

ready to abide by any conditions that may be imposed by this Court.

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Accordingly, he prays to grant an order of pre-arrest bail to the petitioners.

5. Per contra, Mr.S. Yogaraja Sekar, the learned Counsel for

Government of Tamil Nadu (Criminal Side) appearing for the respondent-

police, reiterated the prosecution case and on instructions submits that the

injuries sustained by the defacto complainant was simple in nature and there are

no previous cases pending against the petitioners. However, he prays to dismiss

this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioners have permanent residence and deep roots in the society.

Hence, there is less possibility of absconding. Considering the same and also

considering the nature of the offence alleged against the petitioners and taking

note of the fact that there are no previous cases against the petitioners and with

a view to give an opportunity to the petitioners to reform themselves, this Court

is inclined to grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail

is granted to the petitioners subject to the following conditions:

(i) The petitioners shall be released on pre-arrest bail in the event of their

arrest or in the event of their surrender before the learned Judicial Magistrate

No.2, Mayiladuthurai, within a period of 15 days from the date on which the

order copy is made ready, on executing a bond for a sum of Rs.10,000/-

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(Rupees Ten Thousand only) each along with two sureties each for a like sum

of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned

Judicial Magistrate No.2, Mayiladuthurai.

(ii) 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 Judicial Magistrate shall obtain

a copy of any one of identity proofs to ensure their identity.

(iii) The petitioners shall appear and sign before the respondent-police

weekly twice i.e., on every Monday, and Friday at 10.00 a.m. until further

orders.

(iv) The petitioners shall make themselves available for interrogation by a

police officer as and when required.

(v) The petitioners 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 them from disclosing such facts to the Court or to any police officer.

(vi) The petitioners shall also not, directly or indirectly, cause any threat

to the defacto complainant, his family members and witnesses and shall not

tamper the evidence.

(vii) The petitioners shall not leave India without the previous permission

of the Court.

(viii) The petitioners shall furnish their residential address and mobile

number to the concerned Magistrate.

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(ix) On breach of any of the aforementioned conditions, the learned

Judicial Magistrate or Trial Court, as the case may be, is entitled to pass

appropriate orders against the petitioners 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].

8. Accordingly, this Criminal Original Petition is allowed subject to the

conditions stated supra.

22-05-2026 dk/srm

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 official website of this Court will be watermarked and will also have a QR code.