Prasanth v. The State of Tamilnadu Rep by The Inspector of Police
CRL OP/17107/2026 · 2026-07-07
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 45594 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 45594 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.Nos.17107, 17302 & 17350 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.Nos.17107, 17302 & 17350 of 2026 Prasanth ... Petitioner/A4 in Crl.OP.No.17107 of 2026
1. Praveenbenjamin
2. Joseph @ Josephdasan ... Petitioner/A1 & A3 in Crl.OP.No.17302 of 2026 Kumar ... Petitioner/A2 in Crl.OP.No.17350 of 2026 Vs. The State rep. by The Inspector of Police, T-14, Pallikaranai Police Station, Chennai. ... Respondent(s) in all petitions Crime No.159 of 2026 Common Prayer: Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.159 of 2026 pending on the file of the respondent police. In Both Petitions For Petitioner(s) : Mr.K.Vigneshkumar (In Crl.OP.Nos.17107 & 17350 of 2026)
Mr.K.Kamal (In Crl.OP.No.17302 of 2026) For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.17107, 17302 & 17350 of 2026 COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 10.05.2026 for the alleged offences under Sections 191(2), 191(3), 296(b), 118(1), 109 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.159 of 2026 on the file of the respondent police, seek bail. 2. It is the case of the prosecution that the first accused had previous enmity with the son of the defacto complainant. In furtherance of the same, the petitioners went in search of the son of the defacto complainant and, during the course of the occurrence, a wordy quarrel ensued, in which the petitioners allegedly assaulted the defacto complainant, who had no role in the dispute. Hence, the case. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners have been in custody since 10.05.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail. 2/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.17107, 17302 & 17350 of 2026
4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the prosecution case and, on instructions, submitted that the defacto complainant sustained grievous injuries. He further submitted that the first and second accused have four previous cases each, the fourth accused has one previous case and the third accused has no criminal antecedents.
He would further submit that the injured has been discharged from the hospital and that a major portion of the investigation has already been completed. 5. Considering the submission of the learned Government Advocate (Crl. Side), particularly the past criminal antecedents of the first petitioner in Crl.O.P.No.17302 of 2026 and the petitioner in Crl.O.P.No.17350 of 2026, this Court is not inclined to grant bail to them at this stage. 6. However, considering the totality of the circumstances, particularly the period of incarceration undergone by the petitioner in Crl.O.P.No.17107 of 2026 and the second petitioner in Crl.O.P.No.17302 of 2026, the fact that the petitioner in Crl.O.P.No.17107 of 2026 has only one previous case, the second petitioner in Crl.O.P.No.17302 of 2026 has no criminal antecedents, the fact that the injured has been discharged from the hospital, and also the fact that a major portion of the investigation has already been completed, this Court is inclined to 3/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.17107, 17302 & 17350 of 2026 enlarge the petitioner in Crl.O.P.No.17107 of 2026 and the second petitioner in Crl.O.P.No.17302 of 2026 on bail, subject to certain conditions. 7. Accordingly, the petitioner in Crl.O.P.No.17107 of 2026 and the second petitioner in Crl.O.P.No.17302 of 2026 are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Alandur, 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 in Crl.O.P.No.17107 of 2026 and the second petitioner in Crl.O.P.No.17302 of 2026 shall report before the learned Judicial Magistrate-II, Alandur everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner in Crl.O.P.No.17107 of 2026 and the second petitioner in Crl.O.P.No.17302 of 2026 shall not abscond either during investigation or trial; [d] the petitioner in Crl.O.P.No.17107 of 2026 and the second petitioner in Crl.O.P.No.17302 of 2026 shall not tamper with the evidence or witness either during investigation or trial; 4/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.17107, 17302 & 17350 of 2026 [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in Crl.O.P.No.17107 of 2026 and the second petitioner in Crl.O.P.No.17302 of 2026 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 in Crl.O.P.No.17107 of 2026 and the second petitioner in Crl.O.P.No.17302 of 2026 thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 8. Accordingly, Crl.O.P.No.17107 of 2026, and Crl.O.P.No.17302 of 2026 insofar as the second petitioner therein is concerned, are allowed. Crl.O.P.No.17350 of 2026, and Crl.O.P.No.17302 of 2026 insofar as the first petitioner therein is concerned, are dismissed. 07.07.2026 skr 5/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.17107, 17302 & 17350 of 2026 C.KUMARAPPAN,J. 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. Crl.O.P.Nos.17107, 17302 & 17350 of 2026
1. The learned Judicial Magistrate-II, Alandur,
2. The Superintendent, Central Prison-II, Puzhal
3. The Inspector of Police, T-14, Pallikaranai Police Station, Chennai. 4. The Public Prosecutor, High Court of Madras 07.07.2026 6/6 https://www.mhc.tn.gov.in/judis