Duraisamy v. The State represented by the Sub Inspector of Police
CRL OP/19118/2026 · 2026-07-20
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 51687 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 51687 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.19118 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19118 of 2026 Duraisamy ... Petitioner(s) Vs. The State rep. by The Sub-Inspector of Police, Jedarpalayam Police Station, Namakkal District. ... Respondent(s) Crime No.106 of 2025 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.106 of 2025 pending on the file of the respondent police. For Petitioner(s) : Mr.M.K.Bhoopathy Rajan For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 08.10.2025 for the alleged offences under Sections 296(b) and 109(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.106 of 2025 on the file of the respondent police, seeks bail. 1/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19118 of 2026
2. It is the case of the prosecution that, while under the influence of alcohol, the petitioner picked up a wordy quarrel with the defacto complainant, who is none other than his relative, and attacked her using an iron rod and abused her in filthy language. 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 08.10.2025 and is ready to abide by any stringent conditions that may be imposed by this Court. 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 injured has been discharged from the hospital and that, initially, the petitioner had been detained under Act 14 of 1982 and the same was subsequently revoked vide order dated 13.07.2026 passed by this Court in H.C.P.No.2727 of 2025. He would further submit that the petitioner is a history-sheeter and a habitual offender. 2/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19118 of 2026
5.
Though the petitioner is a history-sheeter and had initially been detained under Act 14 of 1982, considering the period of incarceration undergone by the petitioner, the fact that the detention order was subsequently revoked by this Court vide order dated 13.07.2026 passed in H.C.P.No.2727 of 2025, the fact that the injured has been discharged from the hospital, and also the fact that, by this time, a major portion of the investigation would have been completed, 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 Judicial Magistrate, Paramathi 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 stay at Virudhunagar and report before the Inspector of Police, Srivilliputtu Taluk Police Station, Ramakrishnapuram, Mangapuram, Srivilliputhur, Tamil Nadu 626125 everyday at 10.30 a.m. until further orders; 3/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19118 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. 20.07.2026 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.19118 of 2026 To
1. The learned Judicial Magistrate, Paramathi
2. The Superintendent, Central Prison, Namakkal
3. The Sub-Inspector of Police, Jedarpalayam Police Station, Namakkal District. 4. The Inspector of Police, Srivilliputtu Taluk Police Station, Ramakrishnapuram, Mangapuram, Srivilliputhur, Tamil Nadu 626125. 5. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19118 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.19118 of 2026 20.07.2026 6/6 https://www.mhc.tn.gov.in/judis