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Madras High CourtCRL OP/35851/2025granted

Sakthivel @ Tamilvendan v. The State Rep By, The Inspector Of Police

2025-12-26Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.35851 of 2025 Sakthivel @ Tamilvendan ... Petitioner Vs.

The State represented by, The Inspector of Police, Tiruppur South Police Station, Tiruppur City, Tiruppur District.

... Respondent (Crime No.668 of 2025).

PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail pending investigation in Crime No.688 of 2025 on the file of the respondent police. For Petitioner : Mr.B.Mohan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 22.11.2025, for the alleged offence punishable under Sections 191(2), 115(2), 351(3), 126(2), 324(2), 332(c), 305(a) of BNS and Section 4 of TNPHW Act, in Crime No.688 of 2025, on the file of the respondent police, seeks bail. 1/6

2. The case of the prosecution is that the accused trespassed into the land which belongs to Akilandadevi's husband, abused and assaulted the said Akilandadevi and also threatened her ; and stolen some of the articles kept in the said house Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the case was registered based on the false complaint given by the defacto complainant and that the petitioner is an innocent and no way connected with the alleged offence. He would further submit that the petitioner was arrested and is in judicial custody from 22.11.2025. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally two accused involved in this case and the petitioner is ranked as A1. He further submitted that investigation is pending and the petitioner is having nine previous cases. Hence, he opposed to grant bail to the petitioner. 2/6

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

6. Considering the nature of offence, there is a land dispute between the parties, considering the period of incarceration undergone by the petitioner, though the petitioner has some previous case, in which he has been released on bail, and also considering all others factors, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court-II, Tiruppur District and on further conditions that:- [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] 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 3/6

dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

26.12.2025 Vv 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 Judicial Magistrate Court-II, Tiruppur District 2.The Inspector of Police, Tiruppur South Police Station, Tiruppur City, Tiruppur District.

3.The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

Vv Crl.O.P.No.35851 of 2025 26.12.2025 6/6