Hari @ Hariharan @ Haridass v. State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Hari @ Hariharan @ Haridass S/o.Ponnusamy, No. 137, Mariyamman Kovil Street, Vanur Taluk, Toruvai, Villupuram District - 605 111.
..Petitioner(s) Vs State Rep by its Inspector of Police Dhanvanthri Nagar Police Station, Puducherry - 605 006.
(Cr.No. 25/2026) ..Respondent(s) Prayer: Criminal Original Petition filed under section 483 of B.N.S.S, 2023, seeking to enlarge the petitioner /3rd accused on bail in FIR Crime No. 25/2026 on the file of the respondent police and thus render jusice. For Petitioner(s):
Mr. G.Mayakrishnan For Respondent(s):
Mr.V.J.Priyadarsana Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 07.02.2026 for the alleged offences under Sections 296(b) and 103(1) of BNS, 2023, r/w. 3(5) of BNS, in Crime No.25 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that a wordy quarrel ensued between the accused (A1 to A4) and the deceased. It is alleged that the deceased, who was already present at the scene, intervened in the altercation, following which, he was attacked and sustained grievous injuries. He subsequently succumbed to his injuries, leading to the registration of the present case.
3. Learned counsel appearing for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case without any basis. He would further submit that the petitioner is ready to cooperate with the investigation. The learned counsel would further contend that the co-accused/A1 to A4 were released on bail and the petitioner is ready to abide by any condition that may be imposed on him by this Court.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case and submitted that this is the second bail petition and that the earlier petition was dismissed by this Court in Crl.O.P.No.8045 of 2026 dated 30.03.2026 and the co-accused in this case was released on bail. 5.At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defence and contention, is ready and
willing to deposit an amount of Rs.10,000/- to any association. Hence, he prays for grant of bail to the petitioner.
6. Heard both sides and perused the materials available on record.
7. Considering the facts and circumstances of the case, the nature of the allegations and the submissions made by learned counsel on either side, the fact that the co-accused have already been granted bail by this Court, the period of incarceration undergone by the petitioner and the fact that the petitioner has volunteered to deposit a sum of Rs.10,000/- to the credit of the 'Adayar Cancer Institute, Chennai, this Court is inclined to grant bail to the petitioner subject to certain conditions.
8. Accordingly, the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) non-refundable, to the account of CANCER INSTITUTE (WIA), maintained with Andhra Bank, Madhya Kailash Branch, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Code 1497 and MICR No.600011049 and on such deposit, the petitioner is ordered to be released on bail on his executing 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, Vanur, 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 report before the Inspector of Police, Karaikal Town Police Station, daily 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 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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
07-05-2026 MPA
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 District Munsif-cum-Judicial Magistrate Vanur 2.The Superintendent, Central Prison, Kalapet, Puducherry.
3. The Inspector of Police Dhanvanthri Nagar Police Station, Puducherry - 605 006.
4.The Public Prosecutor High Court of Madras Chennai 600 104
L.VICTORIA GOWRI, J.
msr 07-05-2026