Vinothkumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2026

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Vinothkumar ... Petitioner Vs.

The State represented by, The Inspector of Police, Poraiyar Police Station, Mayiladuthurai District.

(Crime No.155 of 2026).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.155 of 2026, pending investigation on the file of the respondent police.

For Petitioner :

Mr.V.Vadivalagia Nambi For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.155 of 2026 registered for the offence punishable under Section 105 of the BNS (corresponding to Section 304 of IPC), is on board for consideration.

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2.

The learned counsel for the petitioner, pleading innocence on the part of the petitioner, who has been in incarceration since 21.03.2026 and false implication in the case, seeks indulgence of this Court. He also submits that the petitioner and the victim/deceased are relatives and that on the alleged date of occurrence, the husband of the victim/deceased, who was in an inebriated condition, picked up a quarrel with the petitioner and when the victim/deceased intervened to pacify them, the incident occurred, which was neither premeditated nor intentional. He further submits that the petitioner is 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 for the grant of bail, is that during a quarrel, the petitioner pushed the victim/deceased down and consequently, she succumbed to her injuries. He also submits that the major part of the investigation in this case has been completed. 4.

Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent police and perused the materials available on record and considering the period of incarceration 2/5

undergone by the petitioner and taking note of the fact that the act of the petitioner was not premeditated and was unintentional, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Tharangambadi, 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 petitioner shall report before the respondent police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];

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

28.04.2026 ham 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.

To 1.

The District Munsif-cum-Judicial Magistrate, Tharangambadi.

2.

The Inspector of Police, Poraiyar Police Station, Mayiladuthurai District.

3.

The Superintendent, Central Prison, Cuddalore 4.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

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