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2026 DAILYLAW 47221 (MAD)

Daniel Joseph v. The State Rep by

CRL OP/17768/2026 · 2026-07-09

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.17768 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.17768 of 2026 Daniel Joseph ... Petitioner(s) Vs. The State rep. by The Inspector of Police, S-8 Adambakkam Police Station, Chennai. ... Respondent(s) Crime No.500 of 2025 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in S.C.No.62 of 2026 in Crime No.500 of 2025 on the file of the learned Additional District and Sessions Judge, Chengalpattu. For Petitioner(s) : Mr.P.Muthamizh Selvakumar For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 29.08.2025 for the alleged offences under Sections 126(2), 296(b), 3(5), 109(1), 125, 324(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.500 of 2025 on the file of the respondent police, seeks bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17768 of 2026 2. It is the case of the prosecution that, since the defacto complainant had refused to marry the petitioner's relative, the petitioner attacked him using beer bottles and caused 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 petitioner has been in custody since 29.08.2025 and is ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that initially proceedings under Act 14 were initiated against the petitioner and the same were subsequently revoked, 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 petitioner has seven previous cases. However, he would fairly submit that the investigation has already been completed, the final report has been filed, and that the injured has already been discharged from the hospital. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17768 of 2026 5. Though the petitioner has bad criminal antecedents, considering the totality of the circumstances, the period of incarceration undergone by the petitioner, the fact that the injured has already been discharged from the hospital, the fact that the investigation has already been completed and the final report has been filed, and also the fact that the proceedings initiated under Act 14 have subsequently been revoked, this Court is inclined to enlarge the petitioner on bail, subject to 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 Additional District and Sessions Judge, Chengalpattu 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 twice a day at 10.30 a.m. and 05.30 p.m. until further orders and no relaxation petition shall be entertained for a period of 30 days; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17768 of 2026 [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 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. 09.07.2026 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 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17768 of 2026 To 1. The learned Additional District and Sessions Judge, Chengalpattu 2. The Superintendent, Central Prison, Puzhal-II, Chennai 3. The Inspector of Police, S-8 Adambakkam Police Station, Chennai. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17768 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.17768 of 2026 09.07.2026 6/6 https://www.mhc.tn.gov.in/judis