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2026 DAILYLAW 59622 (MAD)

Sulthan v. The State Rep by The Inspector of Police

CRL OP/23098/2026 · 2026-08-19

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 23098 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 23098 of 2026 Sulthan S/o.Masthan, No.7/8, Pachiyamman Koil Street, Shenbakkam, Vellore District. ..Petitioner(s) Vs The State Rep by The Inspector of Police Vellore North L and O Police station, Vellore District. Crime No.235 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail as against the case pending on the file of the respondent police For Petitioner(s): M/s. D.Thirumoorthy For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 16.07.2026 for the alleged offence under Sections 296(b), 115(2), 118(1), 140(1) and 351(3) of BNS, 2023 in Crime No.235 of 2026 on the file of the respondent police, seeks bail. 2. The allegation against the petitioner is that he, along with other co- https://www.mhc.tn.gov.in/judis CRL OP No. 23098 of 2026 __________ Page2 of 5 accused, allegedly assaulted the de facto complainant with his hands and a cable wire on the suspicion that the complainant had attempted to steal a mobile phone, thereby causing injuries to him. Hence, the present case was registered. 3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and opposed the grant of bail on the ground that the petitioner has four previous cases, similar in nature pending against him and that the injured has been discharged from the hospital. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. From the submissions made by the learned Government Advocate (Crl.Side) it is seen that though the petitioner has four previous cases, considering the period of his incarceration since 16.07.2026 and the fact that the https://www.mhc.tn.gov.in/judis CRL OP No. 23098 of 2026 __________ Page3 of 5 injured person has been discharged from the hospital, this Court is of the firm view that the petitioner’s further custodial interrogation is not required for the purpose of investigation. Accordingly, this Court is inclined to 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 to the satisfaction of the learned Judicial Magistrate No.IV, Vellore, and on further conditions that: [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; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned https://www.mhc.tn.gov.in/judis CRL OP No. 23098 of 2026 __________ Page4 of 5 Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19-08-2026 DRL 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.IV, Vellore. 2. The Inspector of Police Vellore North L and O Police station, Vellore District. 3.The Superintendent, Central Jail, Vellore. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 23098 of 2026 __________ Page5 of 5 N.RAMESH, J. DRL CRL OP No. 23098 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis