Sanjai v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.1617 of 2026 Sanjai ... Petitioner -vsState Rep by, The Inspector of Police, Kadambathur Police Station, Tiruvallur District.

(Crime No.165 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioners on bail in Crime No.165 of 2025 on the file of the respondent police.

For Petitioner :

Mr.D.Magesh For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) *********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.11.2025 for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3), 109 of BNS, in Crime No.165 of 2025, registered on the file of the respondent police, seeks bail.

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2. The allegation against the petitioner is that due to previous enmity, the petitioner joined hands with other accused entered into the house of the deceased and attacked him with stones and wood. The deceased sustained injuries and died after 24 days, and hence the case was altered and the petitioner is in judicial custody. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the deceased did not die due to the injuries sustained, but due to natural causes. He further submitted that the petitioner is in judicial custody since 23.11.2025. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are three accused in this case and the petitioners are arrayed as A3. He further submitted that the petitioner has no previous case and that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions made by the learned counsel on either side, the nature of the allegations, the petitioner has no previous case pending against him, considering the period of his incarceration from 23.11.2025 and that the major part of the investigation is over, this Court is inclined to grant bail to the petitioner with certain conditions.

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7. 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 each, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tiruvallur and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three 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 aforesaid conditions, the learned 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 3/5

5560];

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

27.01.2026 drl 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.

To 1.The Judicial Magistrate No.II, Tiruvallur.

2.The Inspector of Police, Kadambathur Police Station, Tiruvallur District.

3.The Superintendent, Central Prison II, Puzhal.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.1617 of 2026 27.01.2026 5/5