Sundaresan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Sundaresan S/o Pazhani, No.84, Mariamman Koil Street, Mettu Nagaleri, Agaram Post, Kalavai Taluk, Ranipet District ..Petitioner(s) Vs State represented by:

Inspector of Police, Kalavai Police Station, Ranipet District.

Crime No.74/2026 ..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail as against the case pending on the file of the Respondent police in Crime No.74/2026. For Petitioner(s):

Mr. D.Thirumoorthy For Respondent(s):

Mr. R. Vinothraja, Government Advocate (Crl. Side)

ORDER

The petitioner/Accused, who was arrested and remanded to judicial custody on 12.04.2026 for the offences punishable under Section 296(b), 191(2), 191(3), 103(1) and 109 of B.N.S. in Cr. No.74 of 2026 on the file of the respondent police, seeks bail.

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

3. The learned counsel for the petitioner would contend that the petitioner has been falsely implicated in this case and remanded to judicial custody on 12.04.2026 and he has been arrayed as an accused only on suspicious and based on the confession of A1, already co-accused was released on bail and that he has no any previous case pending against him and hence he prayed to grant bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police has reiterated the prosecution case and submitted that the petitioner along with other accused has committed grave nature of offences and objected the bail petition. However, the learned Government Advocate has fairly submitted that the petitioner has no previous case and already co-accused were released on bail.

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

6. Considering the rival submissions on either side, the nature of offences, the fact that the petitioner is not a named accused in the FIR and he has been implicated in this case, only based on the confession of A1 and already the co-accused were released on bail, and the fact that no previous case is pending against this petitioner and also considering the incarceration period of this petitioner from 12.04.2026, 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 learned Judicial Magistrate, Arcot and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.00 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 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 269 of B.N.S.

14-05-2026 MJS 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, Arcot.

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

3. The Superintendent of Police, Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

MJS 14-05-2026