Selva v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL Selva, S/o. Padmanaban, 11, Fourth Street, Bharathi Nagar, Ariyur, Pondicherry-605102.
..Petitioner/ Accused-1 Vs State Rep by the Inspector of Police Villianur Police Station, Puducherry District.
Crime No. 14 of 2026 ..Respondent/ Complainant PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.14 of 2026 on the file of the respondent-police. For Petitioner :
Mr.M.P.Yuvaraj, Advocate For Respondent :
Mr.Ramachandramoorthi, Public Prosecutor (Pondy.)
ORDER
This Criminal Original Petition has been filed by the petitioner on 19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) read with Section 3(5) of Bharatiya Nyaya Sanhina (BNS), 2023 in Crime No.14 of 2026 on the file of the respondent-police.
3. The case of the prosecution is that, on 11.01.2026 at about 08.30 pm when the defacto complainant's father was at a soup shop, the petitioner and other accused questioned him regarding non payment of daily wages of Rs.2,000/-. on his refusal, they allegedly assaulted him with their hands. When the defacto complainant intervened, the accused allegedly abused him in filthy language, attacked him with hands and stones, and the petitioner allegedly threatened them with a knife. Hence, the case.
4. Mr.M.P.Yuvaraj, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that he has been falsely implicated due to previous motive and that they are ready to abide by any condition imposed by this Court. Accordingly, he prays to grant an order of prearrest bail to the petitioner.
5. Per contra, Mr.Ramachandramoorthi, the learned Public Prosecutor
(Pondy) appearing for the respondent-police, submits that totally three accused, the petitioner, who is arrayed as A1 in this case colluded along with other accused had attacked the defacto and his father over a dispute relating to payment of daily wages and had also threatened them with a knife. The injuried person was discharged from the hospital. He further submits that four previous case against the petitioner. He further submits that the investigation of the case is still pending and therefore, at this stage, if the pre-arrest bail is granted to the petitioner, he will commit similar type of offence and hence, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Considering the facts and circumstances of the case, the nature of the allegations and the submissions made on either side, the Court is of the view that the custodial interrogation of the petitioner does not appear to be required to the Investigating Agnecy at this stage and furthermore, the injured was discharged from hospital, with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions:
(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate
No.IV, Puducherry, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate No.IV, Puducherry.
(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 No.IV, Puducherry shall obtain a copy of any one of identity proofs to ensure their identity.
(iii) The petitioner shall appear and sign before the respondent daily at 10.00 a.m. until further orders.
(iv) The petitioner shall make himself available for interrogation by a police officer as and when required.
(v) 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. (vi) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (vii) The petitioner shall not leave India without prior permission of the Court.
(viii) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.
(ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.IV, Puducherry 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.
22-05-2026 Index: Yes/No Speaking/Non-speaking order JRS/MTL 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 official website of this Court will be watermarked and will also have a QR code.
R.SAKTHIVEL J.
JRS/MTL To 1.The Judicial Magistrate No.IV, Puducherry.
2.The Inspector of Police, Villianur Police Station, Puducherry District.
3.The Public Prosecutor, High Court, Madras.
22-05-2026