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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Shankar @ Savukku Shankar S/o. Late, Achimuthu – Appellant
Versus
Inspector of Police, M3, Puzhal Police Station, Chennai – Respondent
| Table of Content |
|---|
| 1. petition for bail under bnss section 483 (Para 1 , 2) |
| 2. prosecution case description and fir details (Para 4 , 5) |
| 3. petitioner submissions on implausibility and motives (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. prosecution opposition with preventive detention objection (Para 13 , 14 , 15) |
| 5. court analysis of bail principles and contradictions (Para 17 , 19 , 20 , 21 , 22) |
| 6. bail granted with detailed conditions (Para 23 , 24 , 25 , 26) |
ORDER :
L.VICTORIA GOWRI, J.
This Criminal Original Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner / Accused No.1 on bail in Crime No.302 of 2026 registered on the file of the respondent police for the alleged offences under Sections 296(b), 125, 132, 109(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
2. The petitioner was arrested on 08.04.2026 and remanded to judicial custody on 09.04.2026 at about 3.30 a.m. The petitioner’s earlier bail petition in Crl.M.P.No.162 of 2026 before the learned Principal District and Sessions Judge, Tiruvallur, came to be dismissed on 24.04.2026. The present petition is stated to be the first bail petition before this Court.
C
Bail is permissible even if preventive detention is in force if facts merit grant of relief.
The court reaffirmed that the presumption of innocence and the right to bail are fundamental, particularly when evidence is insufficient to justify continued detention.
The main legal point established in the judgment is that the grant of bail depends on various factors, including the nature of the offence, the presumption of innocence, and the need for a humane att....
Anticipatory bail denied due to petitioner's prior similar offences and misuse of liberty.
The court's decision was influenced by the finding that there were sufficient materials to constitute the offence under Sec. 302 of IPC and that the petitioners failed to provide a satisfactory expla....
Bail may be granted even in serious offences if the accused's fair trial rights are violated, and no compelling reason for continued incarceration exists.
Bail applications require a change in circumstances from prior denials; without such change, bail may be denied even if charges are serious.
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