Sachin vs State Represented By The Inspector Of ...
2026 Latest Caselaw 2786 Mad

Citation : 2026 Latest Caselaw 2786 Mad
Judgement Date : 22 May, 2026

[Cites 2, Cited by 0]

Madras High Court

Sachin vs State Represented By The Inspector Of ... on 22 May, 2026

                                                                                CRL OP No. 13640 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. 13640 of 2026

                 Sachin
                                                                              ..Petitioner/Accused-4
                                                              Vs
                 State represented by
                 The Inspector of Police
                 Jedarpalayam Police Station,
                 Namakkal District.
                 (Crime No.52 of 2026)
                                                                                       ..Respondent/
                                                                                        Complainant

                Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya
                Nagarik Suraksha Sanhita (BNSS) Act, 2023, praying to enlarge the petitioner
                on bail in the event of his arrest in Crime No.52 of 2026 pending investigation
                on the file the respondent police.
                                  For Petitioner(s):        Mr.R Parthiban

                                  For Respondent(s):        Mr.A.Amarnath,
                                                            Counsel for Government of Tamil Nadu (Crl.Side)


                                                           ORDER

This Criminal Original Petition has been filed by the petitioner 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 petitioner apprehends arrest at the hands of the respondent-police

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for the offences punishable under Sections 296(b), 115(2), 351(2) of Bharatiya

Nagarik Sanhita, 2023 read with Section 4 of the Tamil Nadu Prohibition of

Harassment of Women Act, 2002 in Crime No.52 of 2026 on the file of the

respondent-police.

3. The case of the prosecution is that at around 11:30 PM on May 10,

2025, the petitioner and three other accused persons celebrated a birthday by

cutting a cake and shouting outside the defacto complainant's house. When the

defacto complainant objected, the accused group used vulgar language,

assaulted him and his wife, and threatened them with severe consequences.

Consequently, the present case was filed.

4. Mr.R.Parthiban, the learned counsel for the petitioner, submits that the

petitioner is innocent person, he has not committed any offence as alleged by

the prosecution and a false case has been foisted against the petitioner. He

however submits that the petitioner is ready to abide by any stringent conditions

that may be imposed by this Court. Accordingly, he prays to grant an order of

pre-arrest bail to the petitioner.

5. Per contra, Mr.A.Amarnath, the learned counsel for Government of

Tamil Nadu (Criminal Side) appearing for the respondent-police, submits that

totally four accused involved in this case and petitioner has been arrayed as A4.

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He further submitted that no previous case is pending against the petitioner.

However, he contends that if the petitioner is released on pre-arrest bail, he will

again cause threat to the defacto complainant and tamper with the evidence.

Accordingly, he prays to dismiss this Criminal Original Petition.

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

7. The petitioner is permanent residence and has 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 petitioner and taking

note of the fact that petitioner has no previous bad antecedents and with a view

to give an opportunity to the petitioner to reform himself, this Court is inclined

to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted

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 Judicial Magistrate

Court, Paramathi, 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/- (Rupees Ten

Thousand only) along with two sureties each for a like sum to the satisfaction of

the learned Judicial Magistrate Court, Paramathi.

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(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 Court,

Paramathi, shall obtain a copy of any one of identity proofs to ensure their

identity.

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

daily at 10.00 a.m. until further orders.

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

police officer as and when required.

(v) 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 him from disclosing such facts to the Court or to any police officer.

(vi) The petitioner 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 petitioner shall furnish their residential address and mobile

number to the concerned Magistrate.

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

Judicial Magistrate Court, Paramathi or Trial Court, as the case may be, is

entitled to pass appropriate orders against the petitioner in accordance with law

as if the aforementioned conditions are imposed by him as laid down by the

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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 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

JAI

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.