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Madras High CourtCRL OP/7296/2026granted

B.Mahendran v. The State Rep By, The Inspector Of Police

2026-03-25Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN B.Mahendran ..Petitioner(s) Vs The State Rep By, The Inspector of Police E-3, Saravanampatti Police Station, Coimbatore, Crime No.688 of 2025.

..Respondent(s) Criminal Original Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on bail in connection with Crime No.688 of 2025 on the file of the respondent. For Petitioner(s):

Mr.P.Ponbalaji M/s.Pon Law Associates For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

ORDER

This is the second bail application filed by the petitioner before this Court.

2. The petitioner, who was arrested and remanded to judicial custody on 20.12.2025 for the alleged offence under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.688 of 2025 on the file of the respondent police, seeks bail.

3. The allegation against the petitioner is that the co-accused, along with others, attacked the defacto complainant, causing her death. Based on the confession of the co-accused, the petitioner has been arrayed as A2. Hence, the case.

4. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the co-accused have already been enlarged on bail vide order dated 03.03.2026 passed by this Court in Crl.O.P.No.5283 of 2026. Hence, it is contended that this is a fit case in which the petitioner may be enlarged on bail.

5. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail, on instructions, submitted that the petitioner has no bad antecedents and that the investigation has been completed and the charge sheet has been filed. He fairly submitted that the co-accused have already been enlarged on bail vide order dated 03.03.2026 passed by this Court in Crl.O.P.No.5283 of 2026.

6. I have given anxious consideration to the submissions made by the learned counsel on either side.

7. Considering the period of incarceration undergone by the petitioner since 20.12.2025, the fact that the co-accused have already been enlarged on bail, and the fact that the petitioner has no bad antecedents, this Court is of the view that this is a fit case to enlarge the petitioner on bail, subject to certain conditions.

8. Accordingly, the petitioner is ordered to be released on bail on their 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 Judicial Magistrate Court No.II, Coimbatore and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of two 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

25-03-2026 Index: Yes/No Speaking/Non-speaking order Jeni 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 learned Judicial Magistrate Court No.II, Coimbatore.

2. The Superintendent, Central Prison, Coimbatore.

3. The Inspector of Police, E-3, Saravanampatti Police Station, Coimbatore,

4. The Public Prosecutor, High Court of Madras, Chennai.

C.KUMARAPPAN, J.

Jeni 25-03-2026