Iyyapan v. The State Rep By, The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI

1. Iyyapan

2. Thangadurai

3. Narayanamoorthy ..petitioners Vs The State Rep by, The Station House Officer Kadampuliyur Police Station, Cuddalore.

Crime No.146 of 2026.

..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in connection with the Crime No.146 of 2026 pending investigation on the file of the respondent police.

For petitioners:

Mr.K.Gandhi Kumar For Respondent :

Mr.V.J.Priyadarsana Government Advocate (Crl.Side)

ORDER

Petition seeking bail in respect of Crime No.146 of 2026 registered for the alleged offences punishable under Sections 191(2), 296(b), 105 of the BNS, 2023, is on board for consideration.

2. The case of the prosecution is that the due to a prior land dispute, a quarrel arose between the families of one Viswanathan and Arumugam. It is alleged that said Arumugam instigated his relative to attack the rival group by using a car. Subsequently, the said Arumugam had brought the presence of his son-in-law, viz., Thangadurai, along with others, allegedly drove the car and hit several persons, including the defacto complainant's husband Velu, who died on the spot. Hence, the complaint was registered.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. He also submitted that the petitioners are in no way connected with the alleged offence. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. He also submitted that the petitioners are in incarceration from 25.04.2026. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that there are totally five accused in this case, in which the petitioners are arrayed as A2 to A4. He further submitted that the offence is grave in nature and the investigation is pending.

5. Heard both sides and perused the materials available on record.

6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on his 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, Panruti, 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 petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the Judicial Magistrate No.II, Panruti District and the receipt shall be produced at the time of executing the bond;

[c] the petitioners shall report before the respondent Police daily 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;

[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.

07-05-2026 Index: Yes/No Speaking/Non-speaking order Lpp/rpl 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 No.II, Panruti.

2. The Station House Officer Kadampuliyur Police Station, Cuddalore.

3. The Superintendent, Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

L.VICTORIA GOWRI J.

LPP 07-05-2026