Tamilvanan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Tamilvanan ..Petitioner Vs The State Rep. by The Inspector of Police, Uthangarai Police Station, Krishnagiri District.

Crime No.539 of 2025 ..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail pending investigation in Crime No.539 of 2025 on the file of Inspector of Police, Uthangarai Police Station, Krishnagiri District. For Petitioner:

Mr.R.Sankarasubbu For Respondent:

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.02.2026 for the alleged offence under Section 296(b), 118(1), 351(3) of BNS Act @ 296(b), 118(1), 351(3), 108 of BNS Act in Crime No.539 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased has borrowed a sum of Rs.50,000/- from A1 which was not repaid by him. Subsequently, A1 and A2 entered the house of deceased and assaulted him. Hence, the deceased consumed pesticide and committed suicide. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and was arrested on 04.02.2026. He further submitted that the case was altered to abetment under section 108 of the BNS Act. It is his further submission that A2 in this case has already been granted bail by this Court on 02.02.2026 and he also undertakes to abide by any condition imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and strongly opposed to the bail application and submitted that the crux of the case is that the petitioner has humiliated the deceased on account of some money transaction. Hence, he vehemently opposed the grant of 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, this Court in Crl.O.P.No.2246 of 2026 has granted bail to the A2 by order dated 02.02.2026. Therefore, this Court is inclined to give parity to this petitioner also. In the result, the petitioner is ordered to be released on bail on the same condition as mentioned in Crl.O.P.No.2246 of 2026.

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, Uthangarai 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 daily at 10.30 a.m., for a period of three 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, Uthangarai

2. The Sub Jail, Uthangarai.

3. The Inspector of Police, Uthangarai Police Station, Krishnagiri District.

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 04-03-2026