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Madras High CourtCRL OP/10645/2026granted

V. Sakthivel v. The State Rep. By Inspector Of Police

2026-04-28Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2026

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Sakthivel. V ... Petitioner Vs.

The State represented by, The Inspector of Police, T-4, Madhuravoyal Police Station, Tiruvallur District.

(Crime No.43 of 2026).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.43 of 2026, pending investigation on the file of the respondent police.

For Petitioner :

Mr.S.Balasubramaniam For Respondent :

Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

O R D E R

Petition seeking bail in respect of Crime No.43 of 2026 registered for the offences punishable under Sections 296(b), 109(1) and 351(3) of the BNS, Section 4 of the Tamail Nadu Prohibition of Harassment of Women Act, 2002 and Section 3(a) of the Explosive Substances Act, is on board for consideration. 1/6

2.

The learned counsel for the petitioner, pleading innocence on the part of the petitioner, who has been in incarceration since 05.02.2026 and false implication in the case, seeks indulgence of this Court. He also submits that there exists a matrimonial dispute between the petitioner and his wife/de facto complainant and that a false complaint has been lodged against him in order to harass him. He further submits that even according to the prosecution's case, though the petitioner allegedly hurled a petrol bomb at the de facto complainant, neither the de facto complainant nor any others sustained injuries. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3.

The case of the prosecution as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of bail, is that due to a matrimonial dispute, the petitioner hurled a petrol bomb at his wife/de facto complainant. He also submits that previously, a case in Crime No.341 of 2025 was registered against the petitioner for allegedly attempting to cause the death of his wife/de facto complainant and that the present incident constitutes a second attempt by the petitioner. He further submits that the major part of the investigation in this case has been completed. 2/6

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 and taking note of the fact that no injuries were sustained by any person during the incident, this Court is inclined to grant bail to the petitioner with certain conditions and 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.II, Poonamallee, Chennai, 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 stay at Madurai and report before the Inspector of Police, C-4 Othakadai Police Station, everyday 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 evidence or witness either during investigation or trial; 3/6

[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.

28.04.2026 ham 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 on the official website of this Court, will be watermarked and will also have a QR code.

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To 1.

The Judicial Magistrate No.II, Poonamallee, Chennai.

2.

The Inspector of Police, T-4, Madhuravoyal Police Station, Tiruvallur District.

3.

The Superintendent, Central Prison - II, Puzhal, Chennai.

4.

The Inspector of Police, C4, Othakadai Police Station, Madurai District.

5.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 28.04.2026 6/6