Sakthivel v. Home, State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Sakthivel

2. Subash ..Petitioner(s) Vs State rep by The Inspector of Police, Vengal Police Station, Thiruvallur District.

(Crime No.74 of 2026) ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail pending investigation in Crime No.74 of 2026 on the file of respondent Police.

For Petitioner(s):

Mr.V.Manimaran For Respondent(s):

Mr.R.Vinothraja, Government Advocate (Crl. Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 04.03.2026 for the offences punishable under Section 103(1) of BNS(Section 302 of IPC) in Cr. No.74 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 03.03.2026, the petitioners assaulted the defacto complainant's brother namely Chinnappan with knife, due to previous enmity and as a consequence of which, the said Chinnappan sustained injuries and died on the spot. Hence, the case.

3. The learned counsel for the petitioner submitted that the respondent police have registered a false case against the petitioners. The petitioners are under judicial custody since 04.03.2026. He further submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there are no previous cases pending against the petitioners. However, he vehemently opposed the grant of bail to the petitioners.

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

6. Considering the rival submissions made on either side, the nature of the offences alleged against the accused, and since the FIR has been registered on 04.03.2026, by this time, material part of the investigation might have been completed and since there are no previous cases pending against the petitioners,

and considering the period of judicial custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thiruvallur and on further conditions that:

[b] the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders; [c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

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

[e] the petitioners 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 petitioners in accordance with law

as if the conditions have been imposed and the petitioners 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.

14-05-2026 Index: Yes/No Speaking/Non-speaking order TSG 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, Vengal Police Station, Thiruvallur District.

(Crime No.74 of 2026)

2. The Judicial Magistrate No,I, Thiruvallur.

3. The Public Prosecutor, High Court, Madras.

4.The Superintendent, Central Prison, Puzhal.

P.DHANABAL, J.

TSG 14-05-2026