Sakthivel v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26187 of 2025 Sakthivel ... Petitioner/ A1 Vs The State rep. by, The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.
(Crime No.217 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.217 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. K. Raveendran For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 30.08.2025, for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.217 of 2025, registered on the file respondent police, seeks bail.
2.
The case of the prosecution is that on account of land cultivation dispute, the petitioner along with other accused had abused the defacto complainant using filthy language, assaulted him using hands and threatened him of dire consequences. Hence, this case. 3.
The learned counsel appearing for the petitioner submitted that the petitioner is a daily wager and he has been falsely implicated in this case and no person is injured in this case and the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the 2/6
prosecution case and stated that the petitioner has previous antecedents and he is a history sheeter; and that the investigation is pending. 5.
Considering the facts and submissions made by the learned counsels on either side, taking note of the fact that the dispute arose on account of land cultivation dispute, no weapons were used and no one is injured in this case and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
6.
Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Kattumannarkoil and on further conditions that:
[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; 3/6
[b] the petitioner shall report before the respondent police daily at 10:30 a.m., until further orders; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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)13 SCC 283];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 23.09.2025 stn 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.
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To
1. The District Munsif Cum Judicial Magistrate, Kattumannarkoil.
2. The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.
(Crime No.217 of 2025)
3. The Superintendent, Central Jail, Cuddalore.
4. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
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stn Crl.O.P. No.26187 of 2025 23.09.2025 6/6