Mahesh v. State By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.05.2026

CORAM

THE HONOURABLE MR.JUSTICE.P.DHANABAL CRL OP.No.12073 of 2026 Mahesh S/o.Vasudevan ..Petitioner Vs The State represented by:

The Inspector of Police, Kalavai Police Station, Ranipet District.

Crime No.74/2026 .... Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., praying to grant bail to the petitioner in Cr.No.74 of 2026 on the file of the respondent police.

For Petitioner : Mr.D.Thirumoorthy For Respondent: Mr.R.Vinothraja, Govt. Advocate (Crl.Side)

ORDER

The petitioner, who was arrested on 12.04.2026 and remanded to judicial custody on the same day for the offences punishable under Sections 296(b), 191(2), 191(3), 103(1) and 109 of B.N.S [294(b), 147, 148, 302 and 307 IPC] in Cr.No.74 of 2026 on the file of the respondent police seeks bail.

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The case of the prosecution is that the petitioner along with other accused, due to previous enmity, assaulted the defacto complainant's son using hands, knife, wooden log, stones and bricks, due to which, he died. Hence the complaint.

The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner and he has not committed any offence as alleged by the prosecution. The petitioner was arrested and remanded to judicial custody on 12.04.2026. He would further submit that the petitioner is not a named accused and there is no previous case is pending against this petitioner. Hence he prayed that the petitioner may be released on bail. The learned Government Advocate (Criminal Side) would submit that the petitioner along with other accused, assaulted the defacto complainant's son with deadly weapon and due to the injuries sustained, he died. He would further submit that the petitioner is not a named accused and based on the confession statement of A1, he was arrayed as accused and no previous case is pending as against this petitioner. 2/6

Heard both sides and perused the materials available on record.

Considering the rival submissions on either side and the fact that the petitioners is not a named accused and based on the confession statement of A1, he was implicated as accused and there is no previous case pending as against this petitioner and also the period of incarceration undergone by the petitioner, I am 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 District Munsif cum Judicial Magistrate Court, Arcot, and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or 3/6

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 him 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 229A IPC.

13.05.2026 Index: Yes/No Internet: Yes/No Speaking/Non Speaking order cgi 4/6

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, Kalavai Police Station, Ranipet District.

2. The District Munsif cum Judicial magistrate Court, Arcot,

3. The Public Prosecutor, Madras High Court.

Copy to:

The Superintendent of Prison, Central Jail, Vellore. 5/6

P.DHANABAL ,J cgi CRL OP.No.12073 of 2026 13.05.2026 6/6