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Madras High CourtCRL OP/7288/2026granted

Nasar v. The State Rep By, The Inspector Of Police

2026-03-23Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Nasar ..Petitioner(s) Vs The State Rep By, The Inspector of Police Kaveripattinam Police Station, Krishnagiri District.

Crime No.62 of 2026.

..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on bail in Crime No.62 of 2026 on the file of Kaveripattinam Police Station. For Petitioner(s):

Mr.Arun Kumar.A For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.02.2026 for the alleged offences under Sections 296(b), 115(2), 118(1), 125 and 109(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.62 of 2026 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the petitioner attacked the de facto complainant with a knife and due to which the de facto complainant sustained

injuries and was admitted in the hospital. Hence, the complaint.

3. The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner and he has not committed any offence as alleged by the prosecution and he is in judicial custody from 23.02.2026. He further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and hence, he prays 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 in total, seven accused involved in this case and the petitioner is arrayed as A7 in this case. He fairly submitted that the injured has been discharged from the hospital and that there is no previous case pending against the petitioner.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side and also perused the records available. 6.According to the prosecution, the entire issue surfaced in furtherance of a wordy quarrel in a village festival between the petitioner and the de facto complainant and due to which, the petitioner at a knife point, assaulted the de facto complainant. Now that, the de facto complainant has been discharged from the hospital. From the submissions made by the learned counsel for the

petitioner, the petitioner has been under incarceration since 23.02.2026. Though gravity of the offence is serious in nature, considering the fact that the petitioner has no previous cases pending against him and that the de facto complainant has been discharged from the hospital, this Court is inclined to enlarge the petitioner on bail, subject to certain stringent 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 each for a like sum to the satisfaction of the Judicial Magistrate No.I, Court, Krishnagiri 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 shall report before the respondent police daily at 10:30 a.m. and 5.30 pm. until further orders;

[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 petitioner in accordance with law as if the

conditions had been imposed and the petitioner 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.

23-03-2026 rap 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 Kaveripattinam Police Station, Krishnagiri District.

2. The Judicial Magistrate No.I, Court, Krishnagiri.

3. The Superintendent, Sub-Jail, Dharmapuri.

4. The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

rap 23-03-2026