Jeeva Vs The State Rep by The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.170 of 2026 pending on the file of the respondent police.

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For Petitioner(s) : Mr.R.Sasikumar For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)

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ORDER

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

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24.06.2026 for the alleged offences under Sections 115(2), 118(1), 191(2), 191(3), 296(b) and 351(3) of BNS @ Sections 111, 115(2), 118(1), 191(2), 191(3), 296(b) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.170 of 2026 on the file of the respondent police, seeks bail.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.19111 of 2026

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It is the case of the prosecution that, due to previous enmity, the petitioners, along with the other accused, attacked the defacto complainant using hands and beer bottles, thereby causing grievous injuries. Hence, the case.

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The 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 24.06.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

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The 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 a major portion of the investigation has already been completed and that the petitioners have no criminal antecedents. He further submitted that the injured has already been discharged from the hospital.

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Considering the totality of the circumstances, the period of incarceration undergone by the petitioners, the fact that the petitioners have no bad antecedents, the fact that the injured has already been discharged from the 2/6

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Crl.O.P.No.19111 of 2026

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hospital, and also the fact that a major portion of the investigation has already been completed, this Court is inclined to enlarge the petitioners on bail, subject to certain conditions.

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Accordingly, the petitioners are 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 Judicial Magistrate-I, Walaja and subject to the following conditions:

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[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;

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[b] the petitioners shall stay at Sivagangai and report before the Inspector of Police, SV Mangalam Police Station, Indira Nagar, SV Mangalam, Sivaganga SH-35, Karaikudi Rd, Tamil Nadu 630501 everyday at 10.30 a.m. until further orders;

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[c] the petitioners shall not abscond either during investigation or trial;

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[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial;

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[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take

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Crl.O.P.No.19111 of 2026

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20.07.2026

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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];

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[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

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skr

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Note:

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

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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.

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To

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