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Madras High CourtCRL OP/7088/2026granted

Dhanush v. Inspector Of Police

2026-03-18Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Dhanush ..Petitioner Vs State rep. By its Inspector of Police Vedaranyam Police Station, Vedaranyam, Nagapattinam District.

Crime No. 19 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No. 19 of 2026 on the file of the Vedaranyam Police Station, Vedaranyam. Nagapattinam District.

For Petitioner:

Mr.R.Murugabharathi For Respondent:

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.01.2026 for the alleged offences under Sections 296(6), 126(2), 118 (1) and 351 (3) of the Bharatiya Nyaya Sanhita, 2023 r/w. Section 25 (1) (A) of Indian Arras Act, in Crime No.19 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 18.01.2026 at about 00.30 hours, based on information received from Government Hospital, Vedaranyam, the respondent police recorded the statement of the defacto complainant. It is alleged that on 17.01.2026, the petitioner used filthy language and when questioned by the defacto complainant and his parents, the petitioner attacked them with a knife and caused injuries. Hence, the case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged and has been falsely implicated in this case. It is submitted that the occurrence took place due to sudden provocation and neighbourhood dispute. The learned counsel would further submit that the petitioner has been remanded to judicial custody on 18.01.2026. It is also submitted that the injured has already been discharged from the hospital. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that in furtherance of the wordy quarrel, the petitioner assaulted the defacto complainant and other persons and they sustained injuries. It is further submitted that the offence involves use of weapon and is serious in nature. However, it is fairly submitted that the injured has already been discharged from the hospital. Hence, he opposed bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. From the submission of the learned counsel on either side, this Court is of the view that the petitioner has been remanded to judicial custody on 18.01.2026. It is also seen that the injured has already been discharged from the hospital. Taking into consideration of the long incarceration and upon the fact that by this time investigation of this type of offence might have been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

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 for a like sum each to the satisfaction of the learned District Munsif-cum-Judicial Magistrate Court, Vedaranyam, and subject to the following conditions:

[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 is directed to stay at Sivagangai and report before the Inspector of Police, Sivagangai Taluk

Police Station, Sivagangai twice a day at 10.30 a.m. and 05.30 p.m. for a period of 30 days and thereafter appear before the respondent police as and when required. [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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

18-03-2026 NSL 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 District Munsif Cum Judicial Magistrate, Vedaranyam.

2. District Jail, Nagapattinam.

3. The Inspector of Police, Vedaranyam Police Station, Vedaranyam, Nagapattinam District.

4. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai.

5. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 18-03-2026