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2026 DAILYLAW 59134 (MAD)

Sakthivel v. The State rep by the Inspector of Police

CRL OP/21004/2026 · 2026-08-03

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.21004 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.08.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.21004 of 2026 Sakthivel ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Veraiyur Police Station, Tiruvannamalai District. ... Respondent(s) Crime No.47 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.47 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.V.Santhosh For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 22.04.2026 for the alleged offences under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.47 of 2026 on the file of the respondent police, seeks bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21004 of 2026 2. It is the case of the prosecution that the petitioner and the defacto complainant were in a relationship and, since the mother of the defacto complainant opposed the marriage between them, a wordy quarrel arose between the petitioner and the defacto complainant's mother, which escalated into an altercation, during the course of which the petitioner allegedly attacked her using wooden logs and hands, thereby causing her death. 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 22.04.2026 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 investigation has already been completed and that the charge sheet has also been filed. He also submitted that the petitioner has no criminal antecedents. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21004 of 2026 5. Considering the totality of the circumstances, the period of incarceration undergone by the petitioner, the fact that the petitioner has no criminal antecedents, and also the fact that the investigation has already been completed and the charge sheet has been filed, 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 Court-I, Thiruvannamalai District 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 everyday at 10.30 a.m. until further orders; [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; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21004 of 2026 [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. 03.08.2026 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.21004 of 2026 To 1. The learned Judicial Magistrate Court-I, Thiruvannamalai District 2. The Superintendent, Central Prison, Vellore 3. The Inspector of Police, Veraiyur Police Station, Tiruvannamalai District. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21004 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.21004 of 2026 03.08.2026 6/6 https://www.mhc.tn.gov.in/judis