Sanmugam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sanmugam ..Petitioner Vs The Inspector of Police Krishnapuram Police Station, Dharmapuri District.

(Crime No.59/2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner's on bail in Crime.No.59/2026 pending investigation on the file of the respondent. For Petitioner:

Mr.E.Kannadasan For Respondent:

Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.04.2026 for the alleged offences under Sections 296(b), 118, 109 of BNS 2023, subsequently altered into 103, 296(b) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.59 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to a long-standing property dispute between the family of the petitioner and the deceased, the petitioner allegedly assaulted the deceased Ramachandiran with an iron pipe on his head, causing injuries. Subsequently, the deceased succumbed to the injuries.

3. The learned counsel appearing for the petitioner submitted that the occurrence arose out of a family property dispute and the petitioner has been falsely implicated. It is further submitted that the petitioner has been in judicial custody since 25.04.2026. The learned counsel would submit that the investigation has already been completed and the final report has also been filed before the jurisdictional Court. Therefore, no further custodial interrogation of the petitioner is required. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the offence is one of murder and the deceased succumbed to the injuries sustained in the occurrence. However, it is fairly submitted that the investigation has been completed and charge sheet has already been filed.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. From the submission of the learned counsel on either side, this Court is of the view that though this is a case of murder, the investigation has been completed and the final report has already been filed. The petitioner has been in incarceration since 25.04.2026. Taking into consideration the totality of the circumstances, the nature of allegations against the petitioner and the completion of investigation, this Court is inclined to enlarge the petitioner on bail, 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 for a like sum each to the satisfaction of the learned Judicial Magistrate No. II, Dharmapuri, and subject to the following conditions:

[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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

23-06-2026 NSL 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 No. II, Dharmapuri.

2. The District Jail, Dharmapuri.

3. The Inspector of Police, Krishnapuram Police Station, Dharmapuri District.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 23-06-2026