Robinson v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL Robinson S/o.Retchagadoss ..Petitioner/A2 Vs State represented by The Inspector of Police, Velankanni Police Station, Nagapattinam District.
(Crime No.104 of 2026) ..Respondent/complainant PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner in Crime No.104 of 2026 on the file of the respondent-police. For Petitioner:
Mr.G.Mohammed Aseef For Respondent:
Mr.L.Baskaran, Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on 12.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
2. The petitioner/A2 was arrested and remanded to judicial custody on 31.03.2026 for the alleged offences punishable under Section 103 of BNS, 2023, in Crime No.104 of 2026 on the file of the respondent-police.
3. The case of the prosecution is that on 31.03.2026, the deceased was sitting on the bike of the petitioner and when it was questioned, a wordy quarrel arose between them, during which, the petitioner along with his friends attacked the deceased with wooden logs and stones. As a result, the deceased sustained grievous injuries and subsequently, succumbed to the same. Based on the said occurrence, the present complaint was lodged and the aforesaid case was registered.
4. Mr.G.Mohammed Aseef, learned counsel for the petitioner submits that the petitioner is an innocent person and the alleged incident is not a motivated one and not intentional. He further submits that the co-accused in this case has been granted bail by this Court in Crl.O.P.No.12086 of 2026 on 13.05.2026. He also submits that the petitioner is in judicial custody from 31.03.2026. He, however, submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He, therefore, prays to grant bail to the petitioner.
5. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police submits that during a wordy quarrel between the petitioner and the deceased, the petitioner, along with other accused, attacked the deceased and caused death. He further submits that this is the second bail application filed by the petitioner before this Court and the earlier bail petition filed in Crl.O.P.No.11571 of 2026 has been dismissed by this Court very recently on 07.05.2026. Hence, he opposes the grant of bail and accordingly, he prays to dismiss the petition.
6. Heard on both sides. This Court has perused all the materials available on record.
7. The petitioner was arrested on 31.03.2026. Considering the facts and cumulative circumstances of the case, the offences alleged against the petitioner and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the District Munsifcum-Judicial Magistrate, Kilvelur.
(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned District Munsif cum Judicial Magistrate, Kilvelur, shall obtain a copy of any one of their identity proofs to ensure their identity.
(iii) The petitioner shall appear and sign before the District Munsif cum Judicial Magistrate, Kilvelur, daily at 10.30 a.m., until further orders. (iv) The petitioner shall furnish his residential address and mobile number to the learned District Munsif-cum-Judicial Magistrate, Kilvelur. (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023. (vi) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (vii) 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(viii) The petitioner shall also not directly or indirectly, cause any threat to the de facto complainant, victims, and witnesses. (ix) The petitioner shall not enter within 500 metres of the area where the
de facto complainant and his family members are residing or their work place. (x) The petitioner shall not try to contact the de facto complainant, victims, and witnesses either directly or through any electronic mode. (xi) On breach of any of the aforementioned conditions, the learned District Munsif-cum-Judicial Magistrate, Kilvelur or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
20-05-2026 VKR Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.
R.SAKTHIVEL, J.
VKR To 1.The District Munsif-cum-Judicial Magistrate, Kilvelur. 2.The Officer-in-charge, Sub Jail, Nagapattinam.
3.The Inspector of Police Velankanni Police Station, Nagapattinam District.
4.The Public Prosecutor, High Court of Madras. Order made in 20-05-2026