Harish v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.3853 of 2026 Harish ... Petitioner -vsState Rep by, The Sub-Inspector of Police, Bagayam Police Station, Vellore District.

(Crime No.19 of 2026) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.19 of 2026 on the file of the respondent police.

For Petitioner :

Mr.S.Silambuselvan For Respondent :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.01.2026 for the alleged offences punishable under Section 109(1), 118(1), 126(2), 296(b), 309(6), 351(3) of BNS 2023, in Crime No.19 of 2026, registered on the file of the respondent police, seeks bail. 1/5

2. The allegation against the petitioner is that he is known to the defacto complainant and that he along with other accused, quarrelled with the defacto complainant and attacked him with knife, causing injuries, and thereafter took away his two-wheeler. Subsequently, the injured was admitted in the hospital and lodged a complaint. Hence, a case has been registered and the petitioner was arrested.

3. The learned counsel appearing for the petitioner submitted that the petitioner is ranked as A2 in this case and that he has been falsely implicated. He further submitted that he is in judicial custody since 25.01.2026 and that he is ready to co-operate with the investigation. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are four accused in this case and the petitioner is ranked as A2. He further submitted that the injured was discharged from the hospital and that he is having two previous cases, one under NDPS Act and another under Section 506(ii) IPC and the Women Harassment Act. Hence, he opposed to grant bail to the petitioner.

5. Considering the submissions made by the learned counsel on either side, the period of incarceration, and the fact that the injured was discharged 2/5

from the hospital, though the petitioner has two previous cases, this Court is inclined to grant bail to the petitioner, subject to 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 Judicial Magistrate No.I, Vellore 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.

17.02.2026 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 Judicial Magistrate No.I, Vellore.

2.The Sub-Inspector of Police, Bagayam Police Station, Vellore District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.3853 of 2026 17.02.2026 5/5