Pachaiyappan v. The State Rep By, the Inspector of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Pachaiyappan ... Petitioner(s) in Crl.OP.No.18033 of 2026

¶1Abi @ Subash

¶2S.Anand @ Karuppu Anand ... Petitioner(s) in Crl.OP.No.18042 of 2026 Vs.

The State rep. by The Inspector of Police, T-13 Chitlapakkam Police Station, Chennai – 600 064. ... Respondent(s) in both petitions Crime No.109 of 2026 COMMON PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.109 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.S.Vigneshwaran (in Crl.OP.No.18033/2026) Mr.S.Veerasanthi (in Crl.OP.No.18042/2026 For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on

06.05.2026 for the alleged offences under Sections 191(2), 191(3), 296(b), 109, 115(2), 126(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.109 of 2026 on the file of the respondent police, seek bail.

¶2It is the case of the prosecution that, due to previous enmity, the petitioners attacked the defacto complainant using a knife, thereby causing grievous injuries. 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 06.05.2026 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 got nine previous cases and the second petitioner has got eleven previous cases. However, he would fairly submit that a major portion of the investigation has already been completed and that the petitioner has no bad antecedents. He further submitted that the injured has been discharged from the hospital.

¶5Though the petitioners have bad criminal antecedents, considering the totality of the circumstances, particularly the period of incarceration undergone by the petitioners, the fact that the injured has been discharged from the hospital, and also the fact that a major portion of the investigation has already been completed, 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 Judicial Magistrate – II, Tambaram 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.

13.07.2026 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 Judicial Magistrate – II, Tambaram

¶2The Superintendent, Central Prison, Puzhal

¶3The Inspector of Police, T-13 Chitlapakkam Police Station, Chennai

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

13.07.2026