Karikalan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2026

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Karikalan 2.Sivaraj ..Petitioners Vs.

State by The Inspector of Police, Thalaivasal Police Station, Salem District (crime No.56 of 2026) ..Respondents PRAYER:

Criminal Original Petition is filed under Section 483 of BNSS, 2023 praying to enlarge the petitioners on bail in crime No.56 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.E.Kannadasan For Respondent : Mr.S.Vinoth Kumar Government Advocate(crl.side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 27.02.2026 for the offence punishable under Sections 296(b), 103(1) of BNS, 2023 in crime No.56 of 2026 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the deceased BOOPATHI and the deceased LAKSHMANAN belongs to the same village. Eight months prior to the occurrence, the 1st petitioner's paternal uncle by name BOOPATHI died. After his death, the deceased LAKSHMANAN developed intimacy with the said BOOPATHI'S wife VENNILA and on knowing the same, whenever these petitioners saw the deceased, they joined together and threatened the deceased Lakshmanan not to have any relationship with the said VENNILA. Even then, the said VENNILA and the deceased LAKSHMANAN continued their relationship. While so, on 25.02.2026 at about 04.30 p.m.

, when the deceased was sitting near Sri Bala Murugan Grocery Shop, these petitioners went there and on seeing the deceased, both of them picked up quarrel and also questioned about the relationship with the said VENNILA, pursuant to which wordy altercation arose between them. At that juncture, the 1st petitioner attacked the deceased with stone on his head and the 2nd petitioner attacked him with screw driver on his back, nose, hand and chest. Therefore, he raised alarm and he got fainted. Immediately the defacto complainant, her brother and neighbours rushed there. On seeing them, these petitioners escaped from that place.

was taken to Government Hospital, Attur, through 108 Ambulance. After first aid, he was referred to Government Hospital, Salem. During the course of treatment on 26.02.2206 at about 02.00 p.m., the deceased died. Hence, the defacto complainant preferred a complaint before the respondent police. On receipt of her complaint, the respondent police registered the present case in crime No.56 of 2026 against the petitioners and they were arrested and remanded to judicial custody.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays to grant bail to the petitioners. 4.The learned Government Advocate(crl.side) appearing for the respondent police submitted that there are totally two accused, in which the petitioners are arrayed as A1 and A2. The deceased person had illegal affair with a relative of the petitioners and on this motive, the petitioners severely attacked the deceased, thereby he died. He also submitted that the petitioners have no previous cases and the investigation in the present case has been completed. However, he vehemently opposed to grant bail to the petitioners.

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5.

Heard, the learned counsel appearing on either side and perused the materials available on record.

6. It is seen that the entire investigation has been completed in the present case. Considering the same and also the period of incarceration by the petitioners, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Attur 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 respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

[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.

[e] On breach of any of the aforesaid conditions, the learned 4/6

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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

30.04.2026 lok 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 learned Judicial Magistrate No.II, Attur 2.The Inspector of Police, Thalaivasal Police Station, Salem District 3.Central Prison, Salem 4.The Public Prosecutor, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.11173 of 2026 30.04.2026 6/6