C.Arunkumar v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.32565 of 2025 C.Arunkumar Petitioner Vs The State Represented by The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

Crime No.401 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.401 of 2025 on the file of the respondent police. For Petitioner:

Mr.V.Sakkarapani For Respondent:

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.09.2025 for the alleged offence punishable under Sections 324(4), 329(4), 296(b), 109 and 103 of BNS, 2023 in Crime No.401 of 2025, seeks bail.

2. The allegation against the petitioner is that the petitioner is a relative of the deceased. Due to a property dispute, an FIR had earlier been registered against the petitioner. It is alleged that, due to the said motive, on 27.09.2025 at about 6.30 p.m, while the deceased and the defacto complainant were talking near their house, the petitioner went there and attacked them with an iron rod, causing severe injuries, as a result of which the deceased succumbed to the injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that there has been a continuous quarrel between the parties and that the occurrence had taken place due to a sudden quarrel. He further submitted that the petitioner is in judicial custody since 28.09.2025. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner was arrested on 28.09.2025 and that the petitioner has one previous case against him. He further submitted that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions made by the learned counsel on either side, the fact that the petitioner is in judicial custody from 28.09.2025 and the major part of the investigation is completed, though it

is stated that there is one previous case against the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions.

7. 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 District Munsif cum Judicial Magistrate, Karimangalam 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 stay at Cuddalore and report before the Cuddalore Old Town Police Station, daily at 10.30 a.m., for a period of four 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. 27.11.2025 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.

K.RAJASEKAR, J., drl To 1.The District Munsif cum Judicial Magistrate, Karimangalam.

2.The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

CRL OP NO.32565 of 2025 27.11.2025