Iyyappan v. State Rep.By Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Iyyappan S/o. Ramalingam No.1, Chetti Street, Kombakkam, Villianur, Puducherry - 605 710.
..Petitioner(s) Vs State rep by, Station House Officer, Villianur Police Station, Puducherry.
(Cr. No.459/2025) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail pending trial committed in PRC.No.73 of 2026 on the file of the Judicial Magistrate Court No.VI, Puducherry. For Petitioner(s):
Mr.K.Govi Ganesan For Respondent(s):
Mr.A.Alexander Government Advocate (Puducherry)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 06.12.2025 for the offences punishable under Sections 103, 238, 315 of BNS , 2023 (302, 210 & 404 IPC) in P.R.C.No.73 of 2025, on the file of the Judicial Magistrate No.VI, Puducherry, in Cr.No.459 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had illegal relationship with the deceased. On 05.12.2025, when they were speaking, an altercation arose between them. Due to which, he assaulted the deceased and strangulated her neck using both hands and committed murder. Thereafter, he concealed the body in the two wheeler and threw it on the roadside canal. Hence, based on the complaint given by the brother of the deceased, the respondent Police registered a case against the petitioner.
3. The learned counsel for the petitioner would contend that petitioner is under judicial custody since 06.12.2025. He further submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioners are ready to abide by any stringent conditions imposed by this Court. The earlier bail application filed by the petitioner was dismissed by this Court. Therefore, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the investigation has been completed and the charge sheet was filed. There is one previous case pending against the petitioner and the same was ended in acquittal. He further submitted that this is the second bail petition. Hence, he vehemently opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side, the nature of the offences, already investigation has been completed and the case is pending for committal and the fact that the petitioner has only one previous case which has also ended in acquittal, custodial interrogation is not required in this case, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate VI, Puducherry, and on further conditions that:
[b] the petitioner shall report before the Trial Court daily at 10.00 a.m. until further orders;
[c] the petitioner shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
14-05-2026 Index: Yes/No Speaking/Non-speaking order nl 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 Inspector of Police, Konda Palayam Police Station, Ranipet District.
2. The Judicial Magistrate VI, Puducherry..
3. The Superintendent, Central Prison, Puducherry.
4.The Public Prosecutor, High Court, Madras.
P.DHANABAL, J.
nl CRL OP No. 12601 of 2026 14-05-2026