Prasanth v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Prasanth ..Petitioner Vs State Rep.by, The Inspector of Police, D-6, Pothatturpet Police Station, Tiruvallur District.
Cr.No.203/2025.
..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.203 of 2025 by the respondent police.
For Petitioner:
Mr.P.Muthamizhselvakumar For Respondent:
Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 19.12.2025 for the alleged offences under Sections 194 of BNSS 2023 @ 103(1), 238 of Bhartiya Nyaya Sanhita (BNS) 2023 r/w. Section 61(2) of BNS 2023 in Crime No.203 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the deceased Ganesan, who was working in the Government School at Podhatturpet, met with an accident on 17.09.2025 and thereafter underwent surgery and was bedridden at his house. In order to obtain insurance benefits and compassionate appointment, the accused persons allegedly conspired to cause his death and as per the guidance of the A1, the petitioners/A3 was engaged to bring a snake and make it bite the deceased, which ultimately resulted to his death. Hence the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that A1 and A2 approached the petitioner only to get a snake for their Hindu religious customary obligations. The main accused have already been granted bail by this Court in Crl.O.P.No.4414 of 2026 dated 23.02.2026 and Crl.O.P.No.5219 of 2026 dated 03.03.2026. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent strongly opposed the bail stating that allegation against the petitioner are serious in nature. The investigation reveals that the accused persons conspired to cause the death of the deceased. He further submitted the petitioner is having six previous cases though not of similar nature.
5. I have given anxious consideration to the submissions made by the learned counsel on either side.
6. From the submissions of the learned counsel on either side, it is seen that there are no previous cases pending against the petitioner, further this Court also granted bail to the main accused in Crl.O.P.No.4414 of 2026 dated 23.02.2026 and Crl.O.P.No.5219 of 2026. In such circumstances, considering the period of incarceration undergone by the petitioner since 19.12.2025, this Court is inclined to show parity in line with the earlier orders. Accordingly, the petitioner is enlarged on bail, subject to certain conditions.
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 for a like sum each to the satisfaction of the learned District Munsif Cum Judicial Magistrate Court, Pallipet, 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 twice a day at 10.30 a.m. and 05.30 p.m. for a period of one
month and thereafter appear before the respondent police at 10.30 a.m for a further period of two 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner 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 petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
06-03-2026 NSL 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 District Munsif Cum Judicial Magistrate Court, Pallipet.
2. Central Prison, Puzhal.
3. The Inspector of Police, D-6, Pothatturpet Police Station, Tiruvallur District.
4. The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J.
NSL 06-03-2026