Kumar Vs State Rep.by, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Cr.No.3 of 2026 on the file of the Inspector of Police, Jamunamarathur Police Station, Jamunamarathur, Thiruvannamalai District

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For Petitioner : Mr.G.Vinodh Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

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O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 16.01.2026, for the alleged offence punishable under Sections 126(2),

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296(b), 115(2), 118(1) and 351(3) of BNS in Cr.No.3 of 2026 on the file of the respondent police, seeks bail. 1/6

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

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Crl.OP.No.3977 of 2026

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The case of the prosecution is that when the defacto complainant

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and his friends went to their uncle’s house, the petitioner has waylaid them and questioned about their whereabouts and abused and assaulted them with koduval and also caused injuries to them, which led to the registration of the case and based on the same, the petitioner was arrested. Hence, the present petition has been filed seeking bail.

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The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is in custody from 16.01.2026 and he is ready to cooperate with the investigation and also ready and willing to abide by any conditions that may be imposed by this court. Hence, he prayed for grant of bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is having no previous cases and investigation in this case is pending. Hence, he opposed for grant of bail to the petitioner.

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Crl.OP.No.3977 of 2026

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Heard both sides and perused the records and other connected

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materials.

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Considering the nature of allegations, the period of incarceration

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undergone by the petitioner and no previous cases reported against the petitioner. Though investigation in this case is pending, I am inclined to grant bail to the petitioner, subject to certain conditions.

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Accordingly, 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 Judicial Magistrate, Polur and on further conditions that:

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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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Crl.OP.No.3977 of 2026

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[b] the petitioner shall stay at Tiruvallur and report before the Inspector of Police, Tiruvallur Town Police Station, Tiruvallur daily at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation;

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[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;

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[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

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[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

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[f] 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

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Crl.OP.No.3977 of 2026

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by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [ (2005)13 SCC 283 ];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

18.02.2026

Vv

Note :

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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