B.F.Joseph v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.05.2026

CORAM

The Hon`ble Mr.Justice P.DHANABAL CRL OP.No.11666 of 2026 B.F.Joseph ... Petitioner Vs State rep. by:- The Inspector of Police, Avadi Police Station.

... Respondent [Cr. No.123 of 2026] PRAYER: - Criminal Original Petition filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail pending investigation in Crime No.123 of 2026 on the file of the respondent police. For Petitioner : Mr.K.Arunprasad For Respondent : Mr.R.Vinothraja Government Advocate (Criminal side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.03.2026 for the alleged offences punishable under Sections 109 of BNSS, 2023(Section 307 of IPC) in Cr. No.123 of 2026 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that due to the matrimonial disputes, the petitioner/husband and the defacto complainant/wife were living separately. On 11.03.2026 at about 4.00 a.m, the petitioner while driving his car, hit the de facto complainant and caused grievous injuries. Hence, the case.

3. The learned counsel for the petitioner would contend that the petitioner has been falsely implicated in this case and remanded to judicial custody on 12.03.2026. He has not committed any offence as alleged by the prosecution and that he has no previous case pending against him and hence he prayed to grant bail.

4. The learned Government Advocate (Criminal Side) would submit that there is a family dispute between the parties. He fairly submits that the petitioner has no previous case and the injured has already been discharged from the hospital. However he objected to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the rival submissions on either side and nature of offences, considering the fact that the injured has already been discharged from the hospital and also the fact that the petitioner has no previous case and further, taking note of the fact that the petitioner is in incarceration from 12.03.2026, I am inclined to grant bail to the petitioner, subject to the following conditions:

[a] the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate - II, Poonamallee and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of 3/6

the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

13.05.2026 index: Yes/No Internet: Yes/No Speaking/Non Speaking order mp 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.

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To 1.The Judicial Magistrate - II, Poonamallee.

2.The Public Prosecutor, Madras High Court, Chennai. 3.The Inspector of Police, Avadi Police Station.

4. The Central Prison, Puzhal.

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P.DHANABAL ,J mp CRL. O.P. No.11666 of 2026 13.05.2026 6/6