Shakthivel v. The State Rep By, The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.05.2026

CORAM

The Hon`ble Mr.Justice P.DHANABAL CRL OP.No.11766 of 2026 Shakthivel S/o.Ramar ... Petitioner / Accused Vs State rep. by:- The Station House Officer, Kullanchavadi Police Station, Cuddalore District.

... Respondent [Cr. No.108 of 2026] PRAYER: - Criminal Original Petition filed under Section 483 of B.N.S.S., praying to enlarge the petitioner/accused on bail in connection with the Crime No.108 of 2026 pending investigation on the file of the respondent police.

For Petitioner : Mr.K.Gandhi Kumar For Respondent : Mr.R.Vinothraja Government Advocate [Crl.side]

ORDER

The petitioner/accused, who was arrested and remanded to judicial custody on 27.04.2026 for the offence punishable under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 351(3) and 109 of B.N.S. Act, 1/6

2023, in Cr.No.108 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 23.04.2026, due to dispute over State Assembly Election, the petitioner along with other accused assaulted the de facto complainant and another using a knife and also threatened them with dire consequences. Hence the case.

3. The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner. The petitioner is an innocent and he is nothing to do with the alleged offences. He is in judicial custody from 27.04.2026. Therefore prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that offences are grave in nature and the investigation is pending and also the petitioner has four previous cases. He fairly submitted that the injured person has been discharged from the hospital. However, he strongly opposed granting bail to the petitioner.

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

6. Considering the rival submissions made on either side, considering the nature of offences, considering the fact that the petitioner is in judicial custody from 27.04.2026, some of the co-accused were arrested and released on bail and A6 was released on anticipatory bail and though the petitioner has 4 previous cases, in all the cases, he was granted bail, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, 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 District Munsif cum Judicial Magistrate, Kurinjipadi, 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;

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[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of 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 269 B.N.S.2023.

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 District Munsif cum Judicial Magistrate, Kurinjipadi. 2.The Public Prosecutor, Madras High Court, Chennai. 3.The Station House Officer, Kullanchavadi Police Station, Cuddalore District.

4.The Central Prison, Cuddalore.

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P.DHANABAL ,J mp 13.05.2026 6/6