Dhinakaran @ Dheena v. The State Rep by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

02.11.2025 for the alleged offences under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.255 of 2026 on the file of the respondent police, seeks bail.

¶2It is the case of the prosecution that the petitioner, while consuming liquor, had heckled the defacto complainant by singing. Enraged thereby, the petitioner allegedly attacked the defacto complainant using his hands, thereby causing his death. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in custody since 07.03.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that initially preventive detention under Act 14 of 1982 was invoked against the petitioner and the same was subsequently revoked vide order dated

21.07.2026 passed by this Court in H.C.P.No.116 of 2026, which fact was not seriously disputed by the learned Government Advocate (Crl. Side). Hence, he prayed for the grant of bail.

¶4The 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 investigation has already been completed, the final report has been filed, and the same has been taken cognizance in S.C.No.316 of 2026 by the concerned Court. He also submitted that the petitioner has no criminal antecedents.

¶5Considering the totality of the circumstances, the period of incarceration undergone by the petitioner, the fact that the petitioner has no criminal antecedents, the fact that the investigation has already been completed and the final report has been filed and taken on file in S.C.No.316 of 2026, and also the fact that the preventive detention order passed against the petitioner under Act 14 of 1982 has been revoked by this Court vide order dated

21.07.2026 in H.C.P.No.116 of 2026, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail on their 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 17th Metropolitan Magistrate Court, Saidapet 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 everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [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 take appropriate action against the petitioners 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.

24.07.2026 skr 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 learned 17th Metropolitan Magistrate Court, Saidapet

¶2The Superintendent, Central Prison, Puzhal

¶3The Inspector of Police, R4 Soundarapandiyanar Angadi Police Station,

¶4The Public Prosecutor, High Court of Madras C.KUMARAPPAN,J. skr

24.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Dhinakaran @ Dheena ... Petitioner(s) Vs. The State rep. by The Inspector of Police, R4 Soundarapandiyanar Angadi Police Station, ... Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.252 of 2025 pending on the file of the respondent police. [Cause-title amended vide order dated 24.07.2026 passed in Crl.M.P.No.13374 of 2026 in Crl.O.P.No.19790 of 2026] For Petitioner(s) : Mr.R.Balaji For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ******* This matter is listed today under the caption "For Being Mentioned" at the instance of the learned counsel appearing for the petitioner. C.KUMARAPPAN ,J. KMI 2. Heard the learned counsel on both sides and perused the materials available on record. 3.In spite of filing Crl.MP.No.13374 of 2026 for amending the Crime Number, it has not been corrected as Crime No.252 of 2025. Registry is directed to correct the Crime Number as Crime No.252 of 2025. Further, in paragraphs 4 and 5, SC.No.396 of 2026 has to be substituted instead of SC.No.316 of 2026. 4.In view of the above, the Registry is directed to carry out the necessary corrections by substituting the correct Crime Number & Sessions Case Number in place of the erroneous Crime Number and Sessions Case Number found in the original order and to issue a fresh order copy forthwith. 27.07.2026 KMI Note: Issue Order copy today. To 1. The learned 17th Metropolitan Magistrate Court, Saidapet 2. The Superintendent, Central Prison, Puzhal. 3. The Inspector of Police, R4 Soundarapandiyanar Angadi Police Station, 4. The Public Prosecutor, High Court of Madras. IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Dhinakaran @ Dheena ... Petitioner(s) Vs. The State rep. by The Inspector of Police, R4 Soundarapandiyanar Angadi Police Station, ... Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.255 of 2025 pending on the file of the respondent police. [Cause-title amended vide order dated 24.07.2026 passed in Crl.M.P.No.13374 of 2026 in Crl.O.P.No.19790 of 2026] For Petitioner(s) : Mr.R.Balaji For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)