Nethaji vs State Rep By The Inspector Of Police
2026 Latest Caselaw 2789 Mad

Citation : 2026 Latest Caselaw 2789 Mad
Judgement Date : 22 May, 2026

[Cites 1, Cited by 0]

Madras High Court

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

                                                                                   CRL OP No. 13338 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. 13338 of 2026

                 1. Nethaji
                    S/o.Veeramani

                 2. Purusothaman
                    S/o.Kaliyaperumal                                     ..Petitioners/Accused 1 and 3

                                                                Vs
                 State rep by
                 The Inspector of police
                 Thalainayar Police Station
                 Nagapattinam District
                 (Crime No. 68 of 2026)                                      ..Respondents/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
                petitioner in Crime No.68 of 2026 on the file of the respondent-police.


                                  For Petitioners        :    Mr.N.Palanivel

                                  For Respondent     :        Mr.S.Yogaraja Sekar
                                                              Government Advocate (Criminal Side)


                                                             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.

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

for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1) and

351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.68 of 2026

on the file of the respondent-police.

3. The case of the prosecution is that the petitioners along with others

attacked the de-facto complainant with wooden-log during temple festival

causing injury to the de-facto complainant. Hence, the present case.

4. Mr.N.Palanivel, 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. 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. Accordingly, he prays to grant an

order of pre-arrest bail to the petitioners.

5. Per contra, Mr.S.Yogaraja Sekar, learned Government Advocate

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

petitioners attacked the defacto complainant and the defacto complainant was

admitted in hospital on 02.06.2026 and subsequently, on 06.05.2026 he was

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discharged from the hospital. 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 fact that the

victim has been discharged from the hospital 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 District Munsif-cum-

Judicial Magistrate, Vedaranyam, 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) each along with two sureties each for

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

learned District Munsif-cum-Judicial Magistrate, Vedaranyam.

(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

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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/her 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.