Akash v. State Represented By, Insepctor of Police,

ORDER The petitioners, who were arrested and remanded to judicial custody on

18.06.2026 for the alleged offences under Sections 296(b), 115(2), 118(1), 351(3) and 109(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.268 of 2026 on the file of the respondent police, seek bail.

¶2It is the case of the prosecution that, while celebrating a birthday party, the petitioners attacked the defacto complainant and caused serious injuries to him. Hence, the case.

¶3The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners have been in custody since 18.06.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. 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 petitioners, reiterated the prosecution case and, on instructions, submitted that the first petitioner has one previous case and that the second petitioner has three previous cases and is a history-sheeter. However, he fairly submitted that the injured has been discharged from the hospital.

¶5From the submissions made by the learned Government Advocate (Crl. Side), this Court is able to visualize the character and conduct of the second petitioner. Hence, considering his criminal antecedents and also the fact that he is a history-sheeter, this Court is of the view that it is not an appropriate stage to enlarge the second petitioner on bail. Accordingly, the petition, insofar as the second petitioner is concerned, is dismissed.

¶6Insofar as the first petitioner is concerned, considering the totality of the circumstances, the period of incarceration undergone by the first petitioner, the fact that he has only one previous case, and also the fact that the injured has already been discharged from the hospital, this Court is inclined to enlarge the first petitioner on bail, subject to certain conditions.

¶7Accordingly, the first 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 District Munsif cum Judicial Magistrate, Thirukalukundram 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 first petitioner shall stay at Sivagangai District and report before the Inspector of Police, Singampunari Police Station, Singampunari, Sivagangai District, twice a day at 10.30 a.m and 05.30 p.m for a period of two weeks and thereafter appear before the respondent police as and when required for interrogation; [c] the first petitioner shall not abscond either during investigation or trial; [d] the first 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 first 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 first petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

28.07.2026 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 District Munsif cum Judicial Magistrate, Thirukalukundram

¶2The Superintendent, Sub Jail, Chengalpattu

¶3The Inspector of Police, Thirukalukundram Police Station, Chengalpattu

¶4The Inspector of Police, Singampunari Police Station, Singampunari, Sivagangai District

¶5The Public Prosecutor, High Court of Madras C.KUMARAPPAN,J. skr

28.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1. Akash 2. Elango @ Elangovan ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Thirukalukundram Police Station, Chengalpattu District. ... Respondent(s) Crime No.268 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.268 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.S.Amarnath For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)