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Madras High CourtCRL OP/1656/2026granted

M.Giri v. State Represented By

2026-01-27Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.1656 of 2026 M.Giri ... Petitioner -vsState Rep by, The Inspector of Police, T-2 Ambattur Estate Police Station, (Crime No.689 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.689 of 2025 on the file of the respondent police.

For Petitioner :

Mr.A.Arul Alex For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) *********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.11.2025 for the offences punishable under Sections 126(2), 296(b), 118(1) and 351(3) of BNS, 2023 @ 103(1) of BNS, in Crime No.689 of 2025, registered on the file of the respondent police, seeks bail. 1/5

2. The allegation against the petitioner is that he joined hands with other accused, due to previous enmity, waylaid the deceased in this case and assaulted him with iron rod, causing severe injuries. The deceased was admitted in the hospital on 14.11.2025 and subsequently succumbed to the injuries on 18.11.2025. Hence, a case has been registered and the petitioner was arrested.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and that he is judicial custody since 15.11.2025. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are two accused in this case and the petitioner is ranked as A2 and that the petitioner has no previous case pending against him. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions made by the learned counsel on either side, the nature of the allegations, the manner in which the occurrence took place, and both the accused were arrested and that the petitioner has no previous case pending against him and also considering the period of his incarceration, this Court is inclined to grant bail with certain conditions. 2/5

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Ambattur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned 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 3/5

5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

27.01.2026 drl 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.

To 1.The Judicial Magistrate Court, Ambattur.

2.The Inspector of Police, T-2 Ambattur Estate Police Station, 3.The Superintendent, Central Prison -II, Puzhal.

4.The Public Prosecutor, High Court, Madras.

4/5

K. RAJASEKAR, J.

drl Crl.O.P.No.1656 of 2026 27.01.2026 5/5