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2026 DAILYLAW 54774 (MAD)

Sakthivel v. The State Rep By, The Inspector of Police

CRL OP/19922/2026 · 2026-07-24

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.19922 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19922 of 2026 Sakthivel ... Petitioner(s) Vs. The State rep. by The Inspector of Police, T-16, Semmanchery Police Station, Chennai. ... Respondent(s) Crime No.142 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.142 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mrs.S.Vedavalli For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 01.06.2026 for the alleged offences under Sections 296(b), 126(2), 115(2), 118(2), 125(a), 351(3) and 109(1) of BNS, 2023 r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women (Amendment) Act, 2002, in Crime No.142 of 2026 on the file of the respondent police, seeks bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19922 of 2026 2. It is the case of the prosecution that, during a death ceremony, a wordy quarrel arose between the petitioner, the other accused persons and the defacto complainant. It is alleged that, during the altercation, the petitioner, along with the other accused persons, attacked the defacto complainant with a knife, thereby causing injuries to him. 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 01.06.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that the co-accused has already been enlarged on bail vide order dated 14.07.2026 passed by this Court in Crl.O.P.No.17397 of 2026, which fact was not seriously disputed by the learned Government Advocate (Crl. Side). Hence, he prayed for the grant of bail on the ground of parity. 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 four previous criminal cases. However, he fairly submitted that the injured has 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19922 of 2026 already been discharged from the hospital and that a major portion of the investigation has already been completed. 5. Though the petitioner has four previous criminal cases, considering the totality of the circumstances, the period of incarceration undergone by the petitioner, the fact that the co-accused has already been enlarged on bail vide order dated 14.07.2026 passed by this Court in Crl.O.P.No.17397 of 2026, the fact that the injured has already 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 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 District Munsif cum Judicial Magistrate, Sholinganallur, 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; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19922 of 2026 [b] the petitioner shall stay at Sivagangai District and report before the Inspector of Police, Singampunari Police Station, Singampunari, Sivagangai District, everyday at 10.30 a.m for a period of two weeks and thereafter appear before the respondent police 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 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. 24.07.2026 skr 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19922 of 2026 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 learned District Munsif cum Judicial Magistrate, Sholinganallur 2. The Superintendent, Central Prison, Puzhal 3. The Inspector of Police, T-16, Semmanchery Police Station, Chennai. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19922 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.19922 of 2026 24.07.2026 6/6 https://www.mhc.tn.gov.in/judis