Nambisivan v. State Rep by the Inspector of Police

ORDER The petitioner herein, who was arrested and remanded to judicial custody on 27.12.2025 for the offences punishable under Sections 296(b), 127(2) and 109 of BNS in Crime No.777 of 2025, registered on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that, the petitioner on suspecting the relationship between his wife and the defacto complainant, joined hands with other accused called the defacto complainant to his house and attakced him using hands and knife, thereby inflicted multiple injuries to the defacto complainant in an attempt to murder him. Hence, this case.

¶3The learned counsel appearing for the petitioner submitted that a false complaint has been lodged by the defacto complainant against the petitioner herein on account of previous enmity and the petitioner is in judicial custody since 27.12.2025; and that the petitioner is ready to abide by any condition that may be imposed by this Court and sought for bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that the injured has been discharged from the hospital; that the petitioner has no previous cases; and that the investigation of this case is pending.

¶5Considering the submissions made, facts and circumstances of the case, the fact that the injured discharged from the hospital, the petitioner has no previous cases and taking note of the period of incarceration undergone by the petitioner herein, this Court is inclined to grant bail to the petitioner with certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, 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 stay at Salem and report before the Inspector of Police, Fairlands Police Station, Alagapuram, Salem everyday at 10:30 a.m., until further orders; [c] 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]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

30.01.2026 stn Note :

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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

¶1The Judicial Magistrate No.IV, Tiruppur.

¶2The Inspector of Police, Veerapandi Police Station, Tiruppur District. (Crime No.777 of 2025)

¶3The Superintendent, Central Prison, Coimbatore.

¶4The Public Prosecutor, High Court of Madras.

¶5The Inspector of Police, Fairlands Police Station, Alagapuram, Salem.

K. RAJASEKAR, J. stn Crl.O.P. No.1842 of 2026

30.01.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-01-2026 CORAM THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.1842 of 2026 Nambisivan ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Veerapandi Police Station, Tiruppur District. (Crime No.777 of 2025) ... Respondent PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.777 of 2025 registered on the file of the respondent. For Petitioner(s) : Mr. K. Govi Ganesan For Respondent(s) : Mr. A. Gopinath Government Advocate (Crl. Side) *******