Sarath S v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sarath S ..Petitioner Vs State Rep By The Inspector Of Police T-4 Pudur Police Station, Ambattur, Chennai.
(Crime No.76/2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioner on bail in Crime No. 76 of 2026 on the file of the Inspector of Police, T-4 Pudur Police Station, Ambattur, Chennai. For Petitioner:
Mr.Ashok Kumar For Respondent:
Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 27.02.2026 for the alleged offence under Section 126(2), 296(b), 103(1) and
351(3) of BNS in Crime No.76 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and the de facto complainant attacked the deceased using knife. Due to which the deceased sustained severe injury and subsequently died. Hence, the case.
3. The learned counsel for the petitioner submitted that the occurrence took place on 26.02.2026 and this petitioner has been incarcerated on the same date. Totally, there are about three accused. The entire occurrence took place in furtherance of playing carrom board. He further submitted that co-accused A1 and A2 have already been released on bail on 13.05.2026 in Crl.OP.No.12126 of 2026. Hence, he prays for grant of bail to the Petitioner.
4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and fairly conceded that the co-accused have already been released on bail. However, he opposed the grant of bail to the Petitioner.
5. I have given my anxious consideration to either side submissions and perused the materials available on record.
6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); and the fact that the co-Accused have already been released on bail in Crl.OP.No.12126 of 2026, this Court is of the firm view that this petitioner is also entitled to have parity as that of the co-accused. Hence, this Court inclined to grant bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Ambattur, Chennai, and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
05-06-2026 SHL 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, Ambattur, Chennai 2.The Inspector of Police, T-4, Pudur Police Station, Ambattur, Chennai 3.The Superintendent, Central Prison, Puzhal, Chennai 4.The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J.
SHL 05-06-2026