Subash Chandiraboss v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.05.2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL CRL.O.P.No.12408 of 2026 Subash Chandiraboss ..Petitioner Vs The Inspector of Police, Vellore North Crime Police Station, Vellore District.

..Respondent Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioner on Bail in Crime No.20 of 2026 on the file of Inspector of Police, Vellore North Crime Police Station, Vellore District and thus render justice.

For Petitioner :

Mr.S.Silambuselvan For Respondent :

Mr.R.Vinothraja, Government Advocate.

ORDER

The petitioner, who was arrested and remanded to judicial custody past 47 days for the offences punishable under Sections 309(6), 62 of BNS, 2023 @ 309(6), r/w Section 311 of BNS 2023 in Crime No.20 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that owing to previous enmity, the petitioner assailed the de facto complainant and inflicted simple injuries, which led to the registration of the present case.

3. The learned counsel for the petitioner submitted that the respondent police have registered a false case against the petitioner. The petitioner is under judicial custody past 47 days. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the petitioner has twelve previous cases registered against him. He further submitted that the injured discharged from the hospital. However, he vehemently opposed the grant of bail to the petitioner.

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

6. Considering the rival submissions made on either side, and taking note of the fact that the injured has been discharged from the hospital, that the previous cases registered against the petitioner are not identical in nature and he has been enlarged on bail in all those cases, and that the petitioner has been in incarceration for a considerable period, 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 No.4, Vellore and on further conditions that:

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders; [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she 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 her 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 kmm 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 Inspector of Police, Vellore North Crime Police Station, Vellore District.

2. The Judicial Magistrate No.4, Vellore.

3. The Public Prosecutor, High Court, Madras.

4.The Superintendent, Central Prison, Vellore.

P.DHANABAL, J.

kmm CRL.O.P.No.12408 of 2026 13-05-2026