← Library
Madras High CourtCRL OP/12256/2026granted

Lingeswaran v. The State Rep.By,

2026-05-14Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL 1.Lingeswaran 2.Aravinth ..Petitioner(s) Vs State rep by the Inspector of Police, Vellakovil Police Station, Tiruppur Cr.No.90 of 2026 ..Respondent(s) Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioners on bail in Cr.No.90 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.M.Guruprasad For Respondent(s):

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

ORDER

The petitioners, who were arrested and remanded to judicial custody on 22.03.2026 for the offences punishable under Sections 191(2), 192, 296(b) and 103(1) of BNS, 2023 (under Sections 147, 153, 294 and 302 IPC) in Cr.No.90 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners along with other accused, due to previous enmity, attacked the defacto complainant with deadly weapons, due to which, defacto complainant sustained grievous injuries and died on the spot. Hence, the case.

3. The learned counsel for the petitioners would contend that the petitioners are under judicial custody since 22.03.2026. He further submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there are no previous cases against the petitioners. He further submitted that FSL report is awaited and that the case is under investigation. Hence, he vehemently opposed for grant of bail to the petitioners.

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

6. Considering the rivals submissions made on both sides and the nature of offence and that the material part of investigation has been completed and the fact that there are no previous cases against the petitioners and also taking into

consideration the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a separate 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, Kangeyam and on further conditions that: [b] the petitioners shall report before the respondent Police daily at 10.30 a.m until further orders; [c] the petitioners 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 petitioners shall not abscond either during investigation or trial;

[e] the petitioners 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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

14-05-2026 (3/4) Anu 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, Kangeyam

2. The Inspector of Police Vellakovil Police Station, Tiruppur

3. The Superintendent Central Prison, Coimbatore.

4. The Public Prosecutor, Madras High Court.

P.DHANABAL, J.

Anu 14-05-2026 (3/4)