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Madras High CourtCRL OP/12113/2026granted

Rajesh v. The State Rep Inspector Of Police

2026-05-13Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Rajesh S/o. Ganapathy No.568, J.J.Nagar, Vetrillai Thottam, Sennerkuppam, Poonamallee, Chennai - 600 056.

..Petitioner(s) Vs State Rep.by The Inspector of police, T-14, Mangadu Police Station, Chennai.

Cr.No.163/2026.

..Respondent(s) Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.163 of 2026, on the file of the respondent police, and thus render justice For Petitioner(s):

Mr.S.Senthil Kumar For Respondent(s):

Mr.R.Vinothraja, Government Advocate (Crl.Side) Order The petitioner/Accused, who was arrested and remanded to judicial custody on 13.04.2026 for the offences punishable under Sections 126 (2), 296 (b), 115 (2), 329 (4), 191 (2), 191 (3), 109 (1) & 351 (3) of BNS Act(U/s. 351, 294 (b), 323, 442, 147, 148, 307, 506 (ii) of IPC) in Cr. No.163 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused were attacked the defacto complainant with knife, as a result of which, he sustained injuries. Hence the case.

3. The learned counsel for the petitioner would contend that the petitioner has been falsely implicated in this case. The petitioner is an innocent and he is nothing to do with the alleged offences. The earlier bail application filed by the petitioner before the Trial Court was dismissed. He is in judicial custody from 13.04.2026. Therefore prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, this petitioner along with the co-accused have attacked the defacto complainant with knife. Based on the complaint given by the defacto complainant, the case was registered against the petitioner and other accused persons. Now the injured has been discharged from the hospital. It is further submitted that there are seven other previous cases pending against him. Hence, he strongly opposed to grant bail to the petitioner.

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

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 13.04.2026, and though the petitioner has seven 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 Judicial Magistrate, Sriperumbuthur, Chennai 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 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 Speaking/Non-speaking order SK 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.

SK To

1. The Judicial Magistrate, Sriperumbuthur.

2. The Central Prison - II, Puzhal.

3. The Inspector of police, Mangadu Police Station, Chennai District.

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

P.DHANABAL J.

sk 13-05-2026