Kishore Kannan v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kishore Kannan ..Petitioner Vs State Rep. by Inspector of Police Bagayam Police Station, Vellore District, Crime No.02/2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No. 02/2026 pending investigation on the file of respondent police. For Petitioner:

Mr.A.Jeeva For Respondent:

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.01.2026 for the alleged offences punishable under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023 in Crime No.02 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to previous enmity, the petitioner attacked the defacto complainant and caused his death.

3. The learned counsel appearing for the petitioner would submit that as per the contents of the FIR, no specific overt act has been attributed to the petitioner insofar as the offence of murder is concerned. It is further submitted that the petitioner has been in judicial custody since 03.01.2026 and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the occurrence has taken place on account of a love triangle and the petitioner along with other accused persons has actively participated in the commission of the offence. It is further submitted that after committing the murder, the accused persons have disposed of the body at the border of Andhra Pradesh in order to screen the offence. It is also submitted that the investigation is still pending. Hence, he strongly opposed the grant of bail.

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

6. Though the learned counsel appearing for the petitioner would contend that there is no specific overt act attributed to the petitioner, as per the prosecution case, the petitioner has acted in concert with the other accused in the commission of a grave offence of murder. The investigation is still in

progress and several aspects of the case are yet to be completed. In such circumstances, if the petitioner is enlarged on bail, it may hamper the investigation and there is also a likelihood of the petitioner influencing witnesses or tampering with evidence. Hence, considering the gravity of the offence, the manner in which the occurrence is stated to have taken place and the stage of investigation, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 17-03-2026 NSL To

1. The learned Judicial Magistrate No. 1, Vellore

2. Central Prison, Vellore.

3. The Inspector of Police, Bagayam Police Station, Vellore District.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 17-03-2026