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Madras High CourtCRL OP/1969/2026granted

Sakthivel v. State Rep By The Inspector Of Police

2026-01-29Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Sakthivel S/o. Kaliyappan, No.5/312, Manjupalayam, Malangadu, Veerappampalayam, Sankari, Salem-637 301.

Petitioner(s) Vs

1. State Rep by The Inspector of Police Sankari Police Station, Salem. Crime No.02 of 2026.

Respondent(s) PRAYER To enlarge the petitioner on bail in Crime No.02 of 2026 on the file of the respondent police and to pass such other conditions or orders as it deems necessary in the interest of Justice.

For Petitioner(s):

R.Dineshkumar For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.01.2026 for the alleged offence punishable under Sections 75(1), 296(b), 118(1) and 351(3) of BNS in Crime No.02 of 2026 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner used to stalk the victim lady in this case and it was objected by her, and hence, there was quarrel between the parties and subsequently, on the date of occurrence, again the petitioner followed her, immediately she informed her relative. When the defacto complainant and family members intervened and questioned the petitioner, he joining hands with other accused, attacked the defacto complainant. Hence the case has been registered and the petitioner was arrested.

3. The learned counsel appearing for the petitioner submitted that there is a case in counter case against the defacto complainant and a false case has been foisted against the petitioner, and he is in judicial custody since 05.01.2026. He further submitted and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is not having any previous case and the injured was discharged from the hospital. However, she opposed to grant bail to the petitioner.

5. Considering the above fact and circumstances of the case and also of the fact that there is case in counter case and the injured has been discharged from the hospital and that there are no bad antecedents against the petitioner,

this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-I, Sankari, 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 two weeks. [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 5560];

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

29-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes 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-I, Sankari.

2.State Rep by The Inspector of Police Sankari Police Station, Salem. Crime No.02 of 2026.

3.The Officer, Incharge, Sub Jail, Sankari.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR J.

mpa CRL OP No. 1969 of 29-01-2026