Krishnan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33981 of 2025 Krishnan Petitioner Vs The State Represented by The Inspector of Police, Kandhikuppam Police Station, Krishnagiri District.
Crime No.279 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner pending investigation in Crime No.279 of 2025 on the file of the respondent police.
For Petitioner:
Mr.J.Pradeep For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 22.08.2025 for the alleged offence punishable under Sections 296(b), 109, 351(3) of BNS Act and Section 4 of TNPHW Act @ 296(b), 103, 351(3) of BNS Act and Section 4 of TNPHW in Crime No.279 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on the occurrence date on 22.08.2025, due to intoxication, the petitioner has abused his wife and the complainant and assaulted them and pushed the complainant on the floor and inflicted grievous injury to him and the injured person has succumbed to death and committed the alleged offence. Hence, the case.
3. Earlier, this Court dismissed the earlier bail petition in Crl.OP.No.28315 of 2025 dated 16.10.2025 on the ground that the petitioner has one previous case pending against him and the petitioner has attacked the entire family.
4. The learned counsel appearing for the petitioner submitted that now the investigation is completed and the charge sheet filed. He further submitted that the petitioner is in judicial custody from 22.08.2025. Hence, he prayed to grant bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that in this case, the investigation is completed and the charge sheet was filed and the same was taken cognizance in PRC.No.42 of 2025 on the file of Judicial Magistrate No.I, Krishnagiri. However, he opposed to grant bail to the petitioner.
5. Considering the submissions made by the learned counsel on either side, the fact that the investigation is completed and the final report filed and the same on taken on file in P.R.C. No.42 of 2025, and taking into account the fact that the petitioner is in judicial custody since 22.08.2025, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Krishnagiri and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to
ensure their identity;
[b] the petitioner shall report before the concerned Magistrate daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.
[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 aforesaid conditions, the learned 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
11.12.2025 drl 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.I, Krishnagiri.
2.The Inspector of Police, Kandhikuppam Police Station, Krishnagiri District.
3.The Superintendent, Central Jail, Salem.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.33981 of 2025 11.12.2025