Immanuvel v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Immanuel ... Petitioner(s) Vs.

The State rep. by The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

... Respondent(s) S.C.No.181 of 2025 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in S.C.No.181 of 2025 pending on the file of the learned Principal District and Sessions Judge, Nagapattinam. For Petitioner(s) : Mr.J.Chandran Sundhar for M/s.V.Mythili For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.08.2025 for the alleged offences under Sections 103(1) and 49 of the Bharatiya Nyaya Sanhita, 2023, in S.C.No.181 of 2025 on the file of the Principal District and Sessions Judge, Nagapattinam, seeks bail. 1/6

2. It is the case of the prosecution that, due to previous enmity, the petitioner, along with the other accused, attacked the defacto complainant with a spade on his head, causing grievous injuries. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the co-accused have already been enlarged on bail, which fact was not seriously disputed by the learned Government Advocate (Crl. Side). Hence, he prayed for the grant of bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the injured has been discharged from the hospital and that a major portion of the investigation has already been completed. He further submitted that the final report has been filed and the case has been taken on file in S.C.No.181 of 2025 on the file of the Principal District and Sessions Judge, Nagapattinam.

5. Considering the above facts and circumstances, the period of incarceration undergone by the petitioner, that the injured has been discharged 2/6

from the hospital, that a major portion of the investigation has already been completed, the fact that the final report has been filed and the case has been taken on file, and also the fact that the co-accused have already been enlarged on bail, this Court is inclined to enlarge the petitioner on bail with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal District Judge, Nagapattinam, and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take 3/6

appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

24.06.2026 skr 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. 4/6

To

1. The learned Principal District Judge, Nagapattinam

2. The Superintendent, Central Prison, Cuddalore

3. The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

4. The Public Prosecutor, High Court of Madras 5/6

C.KUMARAPPAN,J.

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