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2026 DAILYLAW 59519 (MAD)

Ponmani v. The State rep by, The Inspector of Police

CRL OP/21421/2026 · 2026-08-06

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 21421 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 21421 of 2026 Ponmani ..Petitioner Vs The State rep by, The Inspector of Police, Peerkankaranai Police Station, Chengalpattu District. Crime No.167 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in Crime No.167 of 2026 pending on the file of the Respondent police. For Petitioner: Mr.R.Thamarai Selvan For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 15.06.2026 for the alleged offences under Sections 126(2), 296(b), 118(1) and 351(3) of BNS, 2023 r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.167 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 21421 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the defacto complainant, while returning from Sabarimala on 18.04.2026, received a phone call from a person posing as an Amazon delivery executive. On the following day, i.e., 19.04.2026, when the defacto complainant came out of his house to receive the alleged parcel, two unidentified persons wrongfully restrained him and assaulted him with a baseball bat, causing injuries. When the defacto complainant's sister attempted to rescue him, she was also assaulted. Hence the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that accused A1 and A3 were already released on bail and A4 was already enlarged on anticipatory bail. The learned counsel further submitted that the petitioner has been in judicial custody since 15.06.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for 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 and the injured person has been discharged from the hospital. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. https://www.mhc.tn.gov.in/judis CRL OP No. 21421 of 2026 __________ Page3 of 5 6. Considering the submissions of the learned counsel on either side, it is seen that the petitioner has seven previous cases. However, taking into account the period of incarceration undergone by the petitioner since 15.06.2026, the fact that the injured person has been discharged from the hospital and that co- accused A1 and A3 were already released on bail and A4 was already enlarged on anticipatory bail, this Court is inclined to show parity with the co-accused and enlarge the petitioner on bail, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate No. I, Tambaram, 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 daily 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; https://www.mhc.tn.gov.in/judis CRL OP No. 21421 of 2026 __________ Page4 of 5 [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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. 06-08-2026 NSL 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 Judicial Magistrate No.I, Tambaram 2. Central Prison, Puzhal, Chennai. 3. The Inspector of Police, Peerkankaranai Police Station, Chengalpattu District. 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 21421 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NSL CRL OP No. 21421 of 2026 06-08-2026 https://www.mhc.tn.gov.in/judis