Elango @ Elangovan v. The State Rep by the Inspector of Police

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

18.06.2026 for the alleged offences punishable 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, seeks bail.

¶2The case of the prosecution is that on 17.06.2026, at about 04.00 p.m., when the victim went to a petty shop to purchase a water bottle, the petitioner Page2 of 6 along with other accused persons, who were celebrating a birthday in an inebriated mood in front of the shop, wrongfully restrained the victim. It is further alleged that the accused persons abused the victim in filthy language, assaulted him indiscriminately with a hollow block stone and a beer bottle, and caused injuries. When the victim's uncle came to his rescue, the accused persons also assaulted him, causing injuries, and threatened them with dire consequences. Hence, the case.

¶3The 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

18.06.2026 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.

¶4The 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 publically created a ruckus and brutally assaulted the victim and his uncle with a hollow block stone and a beer bottle. He further submitted that the victims sustained grievous injuries and the investigation is still pending. Hence, he prayed for the dismissal of the bail petition. Page3 of 6

¶5Heard 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.

¶6Considering the facts and circumstances of the case, the nature of the offence alleged, the period of incarceration undergone by the petitioner, and the fact that the petitioner has been in custody for more than two months, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶7Accordingly, 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 District Munsif cum Judicial Magistrate, Thirukalukundram, 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 Page4 of 6 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 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:

¶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. Page5 of 6 To

¶1The District Munsif cum Judicial Magistrate, Thirukalukundram.

2.The Superintendent, Sub Jail, Chengalpattu.

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

4.The Public Prosecutor, High Court, Madras. Page6 of 6

N.RAMESH, J. kmm CRL.O.P.No.23269 of 2026

20.08.2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.08.2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL.O.P.No.23269 of 2026 Elango @ Elangovan ..Petitioner Vs The State Rep by The Inspector of Police Thirukalukundram Police Station, Chengalpattu District. Crime No.268 of 2026. ..Respondent PRAYER: To enlarge the petitioner on bail in Crime No.268 of 2026 on the file of the respondent police. For Petitioner : Mr.S.Amarnath For Respondent : Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)