Pavendhiran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.35089 of 2025 Pavendhiran ... Petitioner

Versus

State rep. by The Inspector of Police, Mathur Police Station, Krishnagiri District, (Crime No.420 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in Crime No.420 of 2025 on the file of the respondent police.

For Petitioner :

Mr. E.Brinda For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This is a successive bail application.

2. The petitioner, who was arrested and remanded to judicial custody on 03.11.2025, for the alleged offence punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(2), 351(3), 109 of BNS in Crime No.420 of 2025, on the file of the respondent police, seeks bail. 1/6

3. The allegation against the petitioner is that the petitioner is ranked as A2. It is alleged that the petitioner joined hands with other accused attacked the defacto complainant using knife and other deadly weapons, causing indiscriminate cuts and severe injuries, for which the defacto complainant was admitted in the hospital. Hence, the case was registered against the petitioner and the petitioner was arrested.

4. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner attacked the defacto complainant only with hands and the other accused attacked him with deadly weapons and that co-accused was released on bail before the Sessions Court. Hence, he prayed to grant bail to the petitioner.

5. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that there are totally 11 accused in this case and the petitioner is ranked as A2. He further submitted that the petitioner is also actively participated in the alleged occurrence and attacked the defacto complainant and that four previous cases of similar in nature are pending against him. Hence, he opposed to grant bail to the petitioner.

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6. This Court had earlier dismissed the bail application of the petitioner in Crl.OP.No.32575 of 2025 vide order dated 04.12.2025 on the ground of that the petitioner is having four previous cases pending against him. It is now submitted that though previous cases are reported, three previous cases relating to criminal intimidation and one case under attempt to commit murder.

7. Heard both sides and perused the materials available on record including the First Information Report.

8. Considering the submissions made by the learned counsel on both sides and considering the overtact of the petitioner and other circumstances and period of his incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

9. Accordingly, the petitioner is ordered to be released on bail on his executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties, for a like sum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Pochampalli and on further conditions that:- 3/6

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.00 a.m.,for a period of four 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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

07.01.2026 gv 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 District Munsif-cum-Judicial Magistrate, Pochampalli

2. The Inspector of Police, Mathur Police Station, Krishnagiri District, 3.The Superintendent, District Prison, Dharmapuri 4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

gv CRL.O.P.No.35089 of 2025 07.01.2026 6/6