Sanjay v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Sanjay S/o. Palanisami, No-5-409, Thathayangarpatti, Vattakadu, Salem District.

..Petitioner / A3 Vs The Inspector of Police Omalur Police Station, Salem District.

(Crime No.217 of 2026) ..Respondent(s) PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to be enlarged on bail in Crime No.217 of 2026 on the file of the Inspector of Police, Omalaur Police Station, Salem District.

For Petitioner :

Mr.R.Prabudoss For Respondent :

Mr.L.Baskaran Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 18.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2.

The petitioner/A3, was arrested and remanded to judicial custody on 29.04.2026 for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 127(2) and 109(1) of BNS, 2023, in Crime No.217 of 2026 on the file of the respondent-police.

3.

The case of the prosecution is that on 26.04.2026 at about 21.45 hours, while the defacto complainant and his friends were watching IPL match in their mobile phone in front of Mariyamman temple, due to some previous enmity, the petitioner/A3 and other accused, who came in two wheelers, abused the defacto complainant and others in filthy language. At that time, A6 and A7 caught hold of the defacto complainant, while A1 and A2 tried to assault them with large machetes, however they escaped. Hence, the case. 4.

Mr.R.Prabudoss, learned counsel for the petitioner, submits that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He further submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He, therefore, prays for the grant of bail to the petitioner.

5.

Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police submits that there was previous enmity between the two groups and on the date of occurrence, the

petitioner / A3 and others came armed with pattakathi and threatened the defacto complainant's group. He also submits that there is no previous case pending against the petitioner. However, he opposes the grant of bail to the petitioner and accordingly, he prays to dismiss the petition. 6.

Heard on both sides. This Court has perused all the materials available on record.

7.

The petitioner was arrested on 29.04.2026. The petitioner has permanent residence and that there is no previous case pending against the petitioner. Considering the same and taking note of the facts and cumulative circumstances of the case, the offences alleged against the petitioner and the age of the petitioner, this Court is of the view that one more opportunity may be given to the petitioner to reform himself. Hence, this Court is inclined to grant bail to the petitioner, subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate, Omalur.

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate, Omalur shall obtain a copy of any one of their identity proofs to ensure their

identity.

(iii) The petitioner shall appear and sign before the respondentpolice, daily at 10.30 a.m. and 05.30 p.m., until further orders. (iv) The petitioner shall furnish his residential address and mobile numbers to the learned Judicial Magistrate, Omalur. (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023. (vi) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(vii) 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(viii) The petitioner shall also not directly or indirectly, cause any threat to the defacto complainant, victims, and witnesses. (ix) The petitioner shall not enter into the de facto complainant's house or his work place.

(x) The petitioner shall not try to contact the de facto complainant, victims, and witnesses either directly or through any electronic mode. (xi) On breach of any of the aforementioned conditions, the Judicial Magistrate, Omalur, or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

20-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/NR 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 Judicial Magistrate, Omalur, Salem District. 2.

The Superintendent of Prisons, Central Prison, Salem.

3.

The Inspector of Police, Omalur Police Station, Salem District.

4.

The Public Prosecutor, Madras High Court.

R.SAKTHIVEL, J.

MTL/NR 20-05-2026