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Madras High CourtCRL OP/10224/2026granted

Kumar v. State Rep.By

2026-04-29Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2026

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.Kumar

2. Vadivel 3.Illayaraj

4. Jayakodi

5. Rajendiran ... Petitioners in Crl.O.P.No.10224 of 2026 Pushpa ... Petitioners in Crl.O.P.No.10921 of 2026 Vs.

The State represented by, The Inspector of Police, Nallur Police Station, Namakkal District.

(Crime No.15 of 2026). ... Respondent in both petitions PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail, in connection with Crime No.15 of 2026, pending investigation on the file of the respondent police.

For Petitioners :

Mr.T.Dhasarathan in both Crl.O.Ps For Respondent :

Mr.S.Vinoth Kumar in both Crl.O.Ps Government Advocate (Criminal Side) 1/6

COMMON ORDER Petitions seeking bail in respect of Crime No.15 of 2026 registered for the offences punishable under Sections 191(2), 191(3), 127(2) and 103(1) of IPC, is on board for consideration.

2. The learned counsel for the petitioners, pleading innocence on the part of the petitioners, who have been in incarceration since 07.02.2026 and false implication in the case, seeks indulgence of this Court. He also submits that the co-accused were granted bail. He also submits that the investigation is over and charge sheet has been filed. He also submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. 3.

The case of the prosecution as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of bail, is that the deceased who is the husband of A6 was having illicit affair, due to which, accused persons conspired together and attacked the defacto complainant's brother using coconut petiole and neem stick, due to which defacto complainant's brother sustained injuries and died on the spot. He further submits that the investigation in this case has been completed and charge sheet also filed. 2/6

4.

Having heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) for the respondent police and perused the materials available on record and considering the period of incarceration undergone by the petitioners and taking note of the fact that the investigation has been completed and charge sheet has been filed, this Court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum, to the satisfaction of the learned Judicial Magistrate, Paramathi, Namakkal District, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the learned Judicial Magistrate, Paramathi on all working days at 10.30.a.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; 3/6

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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)AIR SCW 5560];

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

29.04.2026 Sma Note:

1. Registry is directed to forthwith upload this order on the Official Website of this Court.

2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.

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To 1.

Judicial Magistrate, Paramathi, Namakkal.

2.

The Inspector of Police, Nallur Police Station, Namakkal District.

3.

The Superintendent, Central Prison for Women, Salem.

4.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

Sma 29.04.2026 6/6