Dhanapal v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.2246 of 2026 Dhanapal ... Petitioner -vsState Rep by, The Inspector of Police, Uthangarai Police Station, Krishnagiri District.

(Crime No.539 of 2025) ...

Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.539 of 2025 on the file of the The Inspector of Police, Uthangarai Police Station, Krishnagiri District.

For Petitioner :

Mr.R.Sankarasubbu For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 31.12.2025, for the alleged offence punishable under Sections 296(b), 118(1), 351(3) of BNS Act @ 296(b), 118(1), 351(3), 108 of BNS, in Crime No.539 of 2025 on the file of the respondent police seeks bail.

2. The allegation against the petitioner is that he joined hands with other accused, had advanced a loan of Rs.50,000/- to the deceased. As the deceased was unable to repay the said amount, the petitioner joined hands with other accused went to the house of the deceased, forcibly dragged him into the street in in a public view, abused him in filthy language and assaulted him for non-payment of the loan amount. Unable to bear the humiliation and harassment, the deceased consumed poison. Hence, a complaint was lodged and the petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that the petitioner is 50% disabled person and that he is ready to abide by any

conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally two accused in this case and the petitioner is ranked as A2. He further submitted that the petitioner was arrested recently on 31.12.2025 and that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

5. Taking note of the nature of allegations and other facts, this Court dismissed the earlier bail petition in Crl.OP.No.893 of 2026 on 12.01.2026 and this is the successive bail petition filed by the petitioner. 6.Considering the facts and circumstances of the case, and the fact that this Court has dismissed the earlier bail petition of the petitioner and considering the period of incarceration undergone by the Petitioner, this Court is inclined to grant bail to the petitioner herein with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate, Uthangarai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall appear 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] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 02.02.2026 smn 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 Inspector of Police, Uthangarai Police Station, Krishnagiri District.

2. The Judicial Magistrate, Uthangarai

3. The Sub Jail, Uthangarai

4. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J., smn CRL OP NO.2246 of 2026 02.02.2026