← Library
Madras High CourtCRL OP/13568/2026granted

Ajaykumar v. The State Rep. By

2026-05-21Honourable Mr.Justice R.Sakthivel7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.05.2026 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL CRL.O.P.No.13568 of 2026 Ajaykumar S/o. Selvaraj, Muthaiyan Nagar, Pazhavanipalayam, Tiruppur District.

... Petitioner / Accused No.4 Vs.

State Rep. By The Inspector of Police, Nallur Police Station, Tiruppur City.

(Crime No.226 of 2026) ... Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner in Crime No.226 of 2026 on the file of the respondent police.

For Petitioner :

Mr.B.Balaji For Respondent :

Mr.L.Baskaran, Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner on 1/7

19.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.

2. The petitioner/accused No.4 was arrested and remanded to judicial custody on 05.05.2026 for the alleged offences punishable under Sections 109, 118(1), 296(b) and 351(3) of the Bharatiya Nayaya Sanhita (BNS), 2023, in connection with Crime No.226 of 2026 on the file of the respondent police.

3. The case of the prosecution is that, on 04.05.2026 at about 2.00 p.m., the petitioner along with co-accused have assaulted the de facto complainant with a knife near TASMAC Bar No.1930, situated at Dharapuram Road, Tiruppur. As a result, the de facto complainant sustained grievous injuries and was admitted in the hospital on 05.05.2026 and discharged on 08.05.2026. Based on this, the present complaint was lodged and the same has been registered.

4. Mr.B.Balaji, 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 the petitioner has been in judicial custody since 05.05.2026. He however submits that the 2/7

petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He therefore prays to grant bail to the petitioner.

5. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that, in this case, there are totally four accused and the petitioner is arrayed as A4. He further submits that there is no previous case pending against the petitioner. As it is a fresh case and the preliminary investigation is yet to be completed, the learned Public Prosecutor raised a strong objection to grant bail to the petitioner. Accordingly, he prays to dismiss the petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioner was arrested on 05.05.2026. The petitioner has permanent residence and deep roots in the society. Therefore, there is less possibility of absconding. Considering the facts and circumstances of the case, the offence alleged against the petitioner and taking note of the fact that there are no previous cases against the petitioner and the period of incarceration undergone by the petitioner, this Court is of the view that further custody of the petitioner is not necessary in this case. Hence, this Court is inclined to grant bail to the petitioner, subject to the following 3/7

conditions:

(i) The petitioner shall execute a bond for 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-IV, Tiruppur.

(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-IV, Tiruppur shall obtain a copy of any one of one of their identity proofs to ensure their identity.

(iii) The petitioner shall appear and sign before the respondentpolice daily at 10.00 a.m. until further orders. (iv) The petitioner shall furnish his residential address and mobile numbers to the learned Judicial Magistrate-IV, Tiruppur. (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 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 4/7

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 de facto 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-IV, Tiruppur 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.

21.05.2026 vm/mrr 5/7

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.

To 1.The Judicial Magistrate-IV, Tiruppur.

2.The Superintendent of Prison, Central Prison, Coimbatore.

3.The Inspector of Police, Nallur Police Station, Tiruppur City.

4.The Public Prosecutor, Madras High Court Madras.

6/7

R. SAKTHIVEL,J vm / mrr Order made in CRL.O.P.No.

13568 of 202 .0 5 .202 7/7