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Madras High CourtCRL OP/11564/2026granted

Boopathi v. The State Rep By Inspector Of Police

2026-05-29Honourable Mr.Justice Mohammed Shaffiq10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Boopathi S/o Seenivasan, Devankatsteet, Vanavasi, Mettur Taluk, Salem District.

..Petitioner(s) Vs The State rep by Inspector of Police Nangavalli Police Station, Salem District.

(Crime No.65 of 2026)Salem ..Respondent(s) PRAYER: Criminal Original Petition filed under To order enlarge the petitioner on bail in Cr.No.65 of 2026 on the file of the respondent. For Petitioner(s):

Mr. C.Deepakkumar For Respondent(s):

Mr. A.Amarnath, Government Advocate (crl.Side)

ORDER

Today, the case is listed under the caption ''for being mentioned'' at the instance of the learned counsel for the petitioner.

2. It is submitted by the learned counsel for petitioner that the Criminal Original Petition was disposed of vide order dated 29.05.2026 and requested

that the name of the satisfaction Court is "Judicial Magistrate-I, Mettur" and that the same may be corrected in paragraph No.4 and in the "to address" portion of the order.

3. The learned counsel for respondent submitted that he has no objection to the above submission of the learned counsel for petitioner.

4. Heard both sides.

5. In view of the said submission made by the learned counsel for petitioner, the name of the Court in paragraph 4 of the order dated 29.05.2026, is substituted with the following paragraph and the name of the Court shall also be corrected in the "to address" of the order: "4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Mettur 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., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with 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 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 of B.N.S."

6. Except the above modification, all other paragraphs made in the earlier order dated 29.05.2026 shall remain intact. Registry is directed to carry out necessary corrections and issue the corrected order copy to the parties forthwith. 05-06-2026 MKA

To:

1.The Judicial Magistrate-I, Mettur.

2.The Inspector of Police Nangavalli Police Station, Salem District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, Madras High Court, Chennai.

MOHAMMED SHAFFIQ J.

MKA 05-06-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-05-2026

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ CRL OP No. 11564 of 2026 Boopathi Petitioner Vs The State rep. by The Inspector of Police Nangavalli Police Station, Salem District.

(Crime No.65 of 2026) Respondent PRAYER :The criminal original petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioner on bail in Cr.No.65 of 2026 on the file of the respondent. For Petitioner(s):

Mr.C.Deepakkumar For Respondent(s):

Mr.A.Amarnath Government Advocate (Crl.Side)

ORDER

Petition seeking bail in respect of Crime No.65 of 2026 registered for the offences punishable under Sections 296(b), 118(1) and 109 of BNS is on board for consideration.

2.

The learned counsel for the petitioner, pleading innocence on the

part of the petitioner, who has been in incarceration since 17.03.2026 (for more than 70 days) and false implication in the case, seeks indulgence of this Court. He submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Therefore he prayed to grant bail to the petitioner.

3. The case of the prosecution as put forth by the learned Government Advocate (Crl.Side) appearing for the respondent police, opposing for grant of bail, is that due to previous enmity, petitioner abused the defacto complainant and his mother and attacked the defacto complainant with knife and stones and also threatened him with dire consequences. He further submitted that there are three previous cases registered against the petitioner and this is the second bail application filed by the petitioner.

4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the

learned Judicial Magistrate No.1, Sankari 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., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with 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 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 of B.N.S.

29-05-2026 mfa/vum Index:Yes/No Speaking/Non-speaking order Note:

1. Registry is directed to forthwith upload this order on the Official Website of this

Court.

2. All concerned to act on this order being uploaded on 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.1, Sankari 2.The Inspector of Police Nangavalli Police Station, Salem District.

Salem.

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, High Court,Chennai.

MOHAMMED SHAFFIQ J.

mfa/vum CRL OP No. 11564 of 2026 29.05.2026