← Library
Madras High CourtCRL OP/2997/2026granted

Kumar v. State Represented By

2026-02-09Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.2997 of 2026 Kumar ... Petitioner -vsState Rep by, The Inspector of Police, Tharamangalam Police Station, Salem District.

(Crime No.673 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.673 of 2025 on the file of the respondent police.

For Petitioner :

Mr.R.Vinayaga Vishnu For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.12.2025 for the offences punishable under Sections 296(b), 118(1), 109 of BNS, 2023 in Crime No.673 of 2025, registered on the file of the respondent police, seeks bail.

1/5

2. The allegation against the petitioner is that he is a relative of the defacto complainant. It is alleged that due to previous enmity regarding civil dispute between them, the petitioner abused and assaulted the defacto complainant with veecharuval, thereby causing injuries to him. Hence, a case has been registered against the petitioner and he was arrested.

3. The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 12.12.2025 and that he is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to co-operate with the investigation Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that, due to previous enmity, the petitioner attacked the defacto complainant with veecharuval and caused injuries. He further submitted that the injured was admitted to the hospital and later discharged and that the petitioner has two previous cases, under Section 506(ii) IPC. Hence, he opposed the grant of bail to the petitioner.

4. Heard both sides and perused the materials available on record.

5. Considering the submissions made by the learned counsel on either side, the nature of the allegations, the fact that the injured was discharged from the hospital and though the petitioner has two previous cases, they are not 2/5

similar or serious in nature, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Principal Sessions Judge, Salem, 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 3/5

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.

09.02.2026 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 Principal Sessions Judge, Salem.

2.The Inspector of Police, Tharamangalam Police Station, Salem District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

4/5

K. RAJASEKAR, J.

drl Crl.O.P.No.2997 of 2026 09.02.2026 5/5