Selvakumar v. The State Represented By The 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.1709 of 2026 1.Selvakumar 2.Dinesh 3.Gowtham ... Petitioners -vsState Rep by, The Inspector of Police, Nallur Police Station, Tiruppur City.

(Crime No.639 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioners on bail in Crime No.639 of 2025 on the file of the respondent police.

For Petitioners :

Mr.J.Franklin For Respondent :

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

ORDER

The petitioners, who was arrested and remanded to judicial custody on 07.11.2025 for the offences punishable under Sections 194 of BNSS @ Section 103(1), 315 of BNS, in Crime No.639 of 2025, registered on the file of the 1/5

respondent police, seeks bail.

2. The allegation against the petitioners is that, while consuming liquor at a wine shop, they developed a quarrel with the deceased in this case. Due to the said quarrel, they are alleged to have taken him to a nearby place and assaulted him with hands and legs and also crushed his private parts using a cloth which resulted in causing the death of the deceased. Hence, a case has been registered and the petitioner was arrested.

3. The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and that they are in judicial custody since 07.11.2025. He further submitted that the petitioners have no previous case and that the major part of the investigation is over. Hence, he prays for grant of bail to the petitioners.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the investigation is still pending and that the petitioners have no previous case pending against them. Hence, he opposed to grant bail to the petitioners.

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 manner in which the occurrence took place and also considering the period of his incarceration, this Court is inclined to grant 2/5

bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.4, Tiruppur, 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 petitioners 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 petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble 3/5

Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 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.4, Tiruppur.

2.The Inspector of Police, Nallur Police Station, Tiruppur City.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.1709 of 2026 27.01.2026 5/5