Rajasekaran v. Home, Prohibition And Excise Department
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Rajasekaran ..Petitioner(s) Vs State rep by the Inspector of Police, Annur Police Station, Coimbatore Cr.No.0113 of 2026 ..Respondent(s) Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in Cr.No.0113 of 2026 on the file of the respondent police.
For Petitioner(s):
Mr.M.Logeswaren For Respondent(s):
Mr.V.J.Priyadarsana Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.03.2026 for the offences punishable under Section 103(1) of BNS 2023 in Cr.No.0113 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to previous enmity between the petitioner and the deceased regarding property dispute, when the deceased was travelling in his two wheeler, the petitioner hit the deceased with a car and assaulted the deceased with a hollow block stone, due to which the deceased sustained grievous injuries and died on the spot. Hence, the case.
3. The learned counsel for the petitioner would contend that the petitioner is under judicial custody since 01.03.2026. He further submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there is no previous case as against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rivals submissions made on both sides, the nature of offence and the fact that there is no previous case against the petitioner and also taking into consideration the period of incarceration undergone by the petitioner, 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 District Munsif cum Judicial Magistrate (DM cum JM), Annur, Coimbatore 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 she is accused, or suspected, or of the commission of which she 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 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 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 District Munsif cum Judicial Magistrate (DM cum JM), Annur, Coimbatore
2. The Inspector of Police Annur Police Station, Coimbatore
3. The Superintendent Central Prison, Coimbatore.
4. The Public Prosecutor, Madras High Court.
P.DHANABAL, J.
Anu 14-05-2026