D. Nagaraj v. The State Rep By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN D. Nagaraj S/o.Dhanraj, Muthu Mariamman Koil Street, Thenkarai Village, Vanthavasi Taluk, Tiruvannamalai District.

..Petitioner(s) Vs The State represented by:

The Sub Inspector of Police Vadavannakampadi Police Station, Tiruvannamalai District.

(Crime No.4/2026) ..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in connection with the Crime No.4 of 2026 pending investigation on the file of the respondent. For Petitioner(s):

Mr. T.Rama Devi For Respondent(s):

Mr. S. Vinoth Kumar, Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.03.2026 for the alleged offences under Sections 296(b), 117(2) and 351(3) of B.N.S. altered to Sections 296(b) 117(3) and 351(3) of B.N.S. in Crime No.4 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.12.2025, the petitioner demanded Rs.150/- from the defacto complainant, which was borrowed from the petitioner. At that time, wordy quarrel arose between them. As a consequence of which, the petitioner pushed down the defacto complainant and caused injury to the defacto complainant on his right leg. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and after the occurrence, the petitioner himself voluntarily surrendered before the Judicial Magistrate Court, Vandavasi on 10.03.2026 and the petitioner has been under incarceration since then. He would further submit that the injured was discharged from the hospital and the petitioner is ready and willing to abide by any condition that may be imposed by this Court and hence prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and objected the bail application. However, he fairly submitted that the injured was discharged from the hospital and the petitioner has no previous cases.

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

6. From the submissions made on either side, it is clear that the occurrence had taken place on 10.01.2026 and the accused surrendered himself before the Court on 10.03.2026. The learned Government Advocate would further submit that the injured has been discharged from the hospital and the entire occurrence arose due to wordy quarrel. Therefore, considering the conduct of the petitioner in surrendering himself before the Court, and upon the fact that the injured has been discharged from the hospital and considering the period of incarceration of the petitioner since 10.03.2026, this Court is inclined to enlarge the petitioner on bail, subject to the following 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 learned Judicial Magistrate, Vandavasi, Tiruvannamalai District and on further conditions that:

[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 sign before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required by the investigation officer 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail 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)13 SCC 283]:

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

25-03-2026 MJS 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, Vandavasi, Tiruvannamalai District.

2. The Inspector of Police, Vadavannakampadi Police Station, Tiruvannamalai District.

3. The Superintendent of Police, Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 25-03-2026