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Madras High CourtCRL OP/4088/2026granted

V.Sabarisan v. The Sate Rep.By, The Inspector Of Police,

2026-02-19Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR V.Sabarisan S/o. Velusamy, Residing at No.1/190B, Selvalakshmi Nagar, Kalangal Road, Appanaickenpatti, Sulur, Coimbatore - 641 402.

..Petitioner(s) Vs The Sate Rep.by, The Inspector of Police, Sulur Police Station, Sulur, Coimbatore.

Cr.No.1128/2025.

..Respondent(s) PRAYER: Criminal Original Petition filed under Section 483 of BNSS Act, 2023,pleased to enlarge the petitioner on bail in Cr.No.1128 of 2025, now pending investigation on the file of the Inspector of Police, Sulur Police Station, Coimbatore District.

For Petitioner(s):

K.R.Sankaran For Respondent(s):

Mr.C.E.Pratap Government Advocate(Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.12.2025, for the alleged offence punishable under Section 103 of BNS in Crime No.1128 of 2025, on the file of the respondent police, seeks bail.

2. The allegation against this petitioner is that, he was having enmity with the deceased in this case over stealing of cell phone and due to the said enmity and under the pretext of negotiation, the petitioner had taken him from the house and after consuming liquor they developed a quarrel and the accused have attacked the deceased with hands and legs and A1/petitioner strangulated him. Hence, the complaint was lodged and the petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that the petitioner is in incarceration for substantial period and is not having any previous case and is ready to cooperate with the investigation. Hence, he prayed to grant bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and submitted that totally 3 accused in this case; the petitioner is ranked as A1 and the investigation in this

case is pending. Hence, he opposed to grant bail to the him.

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

6. Considering the fact that though it is stated that the petitioner had abducted the deceased to lonely place and attacked him and strangulated him and though he is also main accused; considering the period of incarceration and also fact that no weapon is used and other circumstances, this Court is inclined to grant bail to the petitioner with certain conditions;

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Sulur, 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 four weeks. [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 5560];

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

19-02-2026 MPA 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, Sulur.

2. The Sate Rep.by, The Inspector of Police, Sulur Police Station, Sulur, Coimbatore.

Cr.No.1128/2025.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

MPA 19-02-2026