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Madras High CourtCRL OP/7016/2026granted

Prakash v. State Represented By The 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 Prakash ..Petitioner Vs State Represented by Inspector of Police, Ambalur Police Station, Vaniyambadi, Tirupattur District.

Crime No.39/2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.39 of 2026 on the file of Respondent. For Petitioner:

Mr.M.Ranjith Kumar For Respondent:

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.02.2026 for the alleged offences under Sections 296(b), 115(2), 118(1), 109 & 351(3) of Bharatiya Nyaya Sanhita, 2023 (Sections 294(b), 323, 324, 506(ii) of Indian Penal Code, 1860 in Crime No.39 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant questioned the rash driving of the petitioner on 17.02.2026 at 7.45 p.m. Thereafter on the same day at 9.00 p.m., the petitioner went to the house of the defacto complainant and abused him in filthy language. It is further alleged that the petitioner assaulted him on his back with a knife and when the father of the defacto complainant intervened to prevent the attack, the petitioner also assaulted him on his right palm with a knife and threatened to kill him. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that he is no way connected with the alleged offence and the injured has already been discharged from the hospital. It is also submitted by the learned counsel for the petitioner that the petitioner is ready to cooperate with the investigation and he is ready to abide by any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent opposed the bail application and submitted that the petitioner assaulted the defacto complainant and his family members and caused grievous injuries. It is further submitted that the offence is serious in nature and the injured had sustained injuries. However, it is fairly submitted that the injured

has now been discharged from the hospital.

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 injured has already been discharged. Although the learned Government Advocate (Crl.Side) opposed the bail on the ground of grievous injuries, considering the period of incarceration since 18.02.2026 and the fact that investigation might have been completed by this time, no further custodial interrogation is necessary. Hence, this Court is inclined to grant bail to the petitioner, 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 Judicial Magistrate, Vaniyambadi, Tirupattur District, 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 twice a day at 10.30 a.m. and 05.30 p.m. 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 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.

8. It is made clear that no petition seeking relaxation of the above conditions shall be entertained within a period of sixty (60) days from the date of release of the petitioner.

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 Judicial Magistrate, Vaniyambadi, Tirupattur District.

2. The Sub Jail, Vaniyambadi Prison.

3. The Inspector of Police, Ambalur Police Station, Vaniyambadi, Tirupattur District.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 18-03-2026