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2026 DAILYLAW 59706 (MAD)

S.Asarafali v. The State Rep by The Inspector of Police

CRL OP/23291/2026 · 2026-08-20

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

__________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.08.2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL.O.P.No.23291 of 2026 S.Asarafali ..Petitioner Vs The State Rep by The Inspector of Police Udumalpet Police Station, Tiruppur District. Crime No.487 of 2026. ..Respondent PRAYER: To enlarge the petitioner on bail pending investigation in Crime No.487 of 2026 on the file of the Inspector of Police,Udumalpet Police Station, Tiruppur District For Petitioner : Mr.R.S.Govarthan For Respondent : Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 22.07.2026 for the alleged offences punishable under Sections 109(2), 115(2), 296(b), and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.487 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis __________ Page2 of 5 2. The case of the prosecution is that the petitioner along with other accused persons abused the defacto complainant, criminally intimidated him, and assaulted him with weapons in an attempt to murder. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody since 22.07.2026 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent strongly opposed the grant of bail to the petitioner. He submitted that the petitioner along with other accused persons used weapons to assault the defacto complainant in an attempt to murder him. He further submitted that the investigation is still pending. Hence, he prayed for the dismissal of the bail petition. 5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Criminal Side) appearing for the State and perused the materials available on record. https://www.mhc.tn.gov.in/judis __________ Page3 of 5 6. Considering the facts and circumstances of the case, the nature of the offence alleged, the period of incarceration undergone by the petitioner, and the stage of the investigation, this Court is inclined to grant bail to the petitioner, subject to the following 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 – I, Udumalpet, and on further conditions that: [a] the sureties shall affix his 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 his 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 Magistrate/Trial https://www.mhc.tn.gov.in/judis __________ Page4 of 5 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. 20.08.2026 kmm 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 – I, Udumalpet. 2. The Superintendent, Sub Jail, Udumalpet. 3. The Inspector of Police Udumalpet Police Station, Tiruppur District. 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis __________ Page5 of 5 N.RAMESH, J. kmm CRL.O.P.No.23291 of 2026 20.08.2026 https://www.mhc.tn.gov.in/judis