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2026 DAILYLAW 60114 (MAD)

Selvaraj v. The State Rep by The Inspector of Police

CRL OP/23283/2026 · 2026-08-20

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 23283 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 23283 of 2026 Selvaraj S/o.Karuppaiah, 19/1-11, Kongudippatti, Irundirappatti Post, Illuppur Taluka, Pudukottai, Pudukottai District-622 102. ..Petitioner(s) Vs The State Rep by The Inspector of Police Tiruppur South Police Station, Tiruppur, Crime No.275/2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.275 of 2026 on the file of the respondent police For Petitioner(s): M/s. Deepanuday For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 08.06.2026 for the alleged offence under Sections 281, 105 of BNS @ Section 281, 105, 125(a) of BNS read with Section 185 of MV Act, in Crime No.275 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 23283 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioner, under the influence of alcohol, drove a lorry in a rash and negligent manner and dashed against the motorcycle of the defacto complainant, who was travelling along with his wife. As a result, the wife of the defacto complainant sustained fatal injuries and was declared dead, while the defacto complainant sustained minor injuries. Hence, the case has been registered against the petitioner. 3. The learned counsel appearing for the petitioner submitted that the petitioner has been arrested and remanded to judicial custody since 08.06.2026. He further submitted that this is the second bail petition filed by the petitioner 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 submitted that the petitioner was alleged to have driven the lorry in a drunken state and dashed against the two wheeler of the defacto complainant, as a result of which the wife of the defacto complainant died. Hence, he strongly opposed to grant of bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 23283 of 2026 __________ Page3 of 5 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. Considering the submissions made by the learned counsel on either side and also taking into consideration the period of incarceration already undergone by the petitioner, nature of the allegation and the petitioner has no previous cases pending against him, this Court is inclined to grant bail to the petitioner, 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 each, for a like sum to the satisfaction of the learned Principal Sessions Judge, Tiruppur 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; https://www.mhc.tn.gov.in/judis CRL OP No. 23283 of 2026 __________ Page4 of 5 [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 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 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 Principal Sessions Judge, Tiruppur. 2. The Inspector of Police Tiruppur South Police Station, Tiruppur, 3.The Superintendent, District Jail, Tiruppur. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 23283 of 2026 __________ Page5 of 5 N.RAMESH, J. DRL CRL OP No. 23283 of 2026 20-08-2026 https://www.mhc.tn.gov.in/judis