Madras High Court
Bharath vs State Rep. By The Sub Inspector Of … on 14 May, 2026
CRL OP No. 12671 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON’BLE MR.JUSTICE P. DHANABAL
CRL OP No. 12671 of 2026
Barath
S/o Kubendiran, Rice Mill Street
Pasmarpenda Village, Aravatla Post
Pernambut Taluk, Vellore District.
..Petitioner
Vs
State rep by its, Inspector of Police,
Pernambut Police Station
Pernambut Taluk, Vellore District.
(Crime No.132 of 2026)
..Respondent
Prayer : Petition filed under Section 439 of Cr.P.C. to enlarge the petitioner on
bail in connection with the Crime No.132 of 2026 on the file of the Respondent
pending investigation on the file of the respondent police and thus render
justice.
For Petitioner : Mr.K.M.Kanishkaran
For Respondent : Mr.S.Balaji
Government Advocate (Crl.Side)
Order
The petitioner / Accused, who was arrested and remanded to judicial
custody on 17.04.2026 on the file of the respondent police for the offences
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CRL OP No. 12671 of 2026
punishable under Sections 191(2), 191(3), 115(2), 326(g), 324(5) and 332(c) of
BNS, 2023 in connection with the Cr. No.132 of 2026, seeks bail.
2. The case of the prosecution is that the defacto complainant has given a
complaint before the respondent police stating that the petitioner along with
others unlawfully entered into her house, assaulted her and her daughter-in-law
and damaged household articles, set fire to the house and hence the case.
3. The learned counsel for the petitioner would contend that the
petitioner is the innocent person and he is in incarceration since 17.04.2026 and
the respondent police have registered a false case as against the petitioner. He
would further submit that the petitioner is not a named accused in the FIR and
he has not committed any offence as alleged by the prosecution. Hence, the
petitioner may be released on bail.
4. The learned Government Advocate (Criminal Side) appearing for the
respondent police while reiterating the prosecution case, strongly opposed the
bail petition stating that the petitioner along with other accused set fire to the
house of the defacto complainant, assaulted her, damaged house hold articles
and caused injury to the defacto complainant. However, he fairly submitted that
injured was discharged from the hospital.
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CRL OP No. 12671 of 2026
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side, the nature of offences,
the fact that the petitioner is not a named accused in the FIR and that the injured
was discharged from the hospital and also considering the period of
incarceration undergone by the petitioner from 17.04.2026, this Court is
inclined to grant bail to the petitioner, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on bail on
condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand
only) with two sureties each for a like sum to the satisfaction of the learned
Judicial Magistrate, Gudiyatham, Vellore District and on further conditions
that:
[b] the petitioner shall report before the respondent police every day
at 6.30 a.m., until further orders.
[c] the petitioner shall not commit any offences of similar nature.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness either during
investigation or trial.
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CRL OP No. 12671 of 2026[f] On breach of any of the aforesaid conditions, the learned Judicial
Magistrate/Trial Court is entitled to take appropriate action against the
petitioner in accordance with law as if the 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)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under
Section 269 B.N.S.
14-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/NoKST / MJS
Note:
1. Registry is directed to forthwith upload
this order in the Official Website of this
Court.
2. 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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CRL OP No. 12671 of 2026
To
1.The Judicial Magistrate, Gudiyatham, Vellore District.
2.The Inspector of Police,
Pernambut Police Station
Pernambut Taluk, Vellore District.
3.The Public Prosecutor, High Court of Madras, Chennai.
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CRL OP No. 12671 of 2026
P.DHANABAL J.
KST / MJS
CRL OP No. 12671 of 2026
14-05-2026
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