M.Mohan v. The State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Mohan ..Petitioner Vs The State rep.by, The Inspector of Police, Deevattipatti Police Station, Salem District.

Cr.No.616/2025.

..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail in Cr.No.616 of 2025 pending on the file of the respondent police.

For Petitioner:

Mr.Nagendra Prasath 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 offence under Section 194(3)(iv) of BNS Act @ 194(3)(iv) and 105 of the BNS Act in Crime No.616 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the Accused is a regular liquor drinker who used to quarrel with his father and his family. On 17.12.2025, the accused got drunk and went to the house of his father, where he found that the calf maintained by his father was missing. He then attacked and beat the deceased on the ground that the deceased has sold the calf and spent the money. On information, the de facto complainant reached the spot and took the deceased to the hospital, where it was informed that the deceased was already dead. Hence, the case was registered against the petitioner.

3. The learned counsel for the petitioner submitted that it is a case of family dispute and that no previous cases are pending against the petitioner. Hence, he prayed for granting bail to the petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case submitted that investigation has been completed in this case. However, vehemently opposed to grant bail to the petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. While looking at the facts of the case, the petitioner is in incarceration since 19.12.2025 and that the investigation has been completed. Therefore, this Court is of the view that the petitioner may be enlarged on bail with stringent 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 each, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Omalur, Salem District, and on further conditions that:

[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 at 10.30 a.m. and 05.30 p.m for a period of four weeks, thereafter at 10.30 a.m for a period of another 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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

04-03-2026 SHL 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 Court, Omalur, Salem District.

2. The Central Prison, Salem District.

3. The Inspector of Police, Deevattipatti Police Station, Salem District.

4. The Public Prosecutor High Court of Madras.

C.KUMARAPPAN J.

SHL 04-03-2026