Vinoth v. The State Rep By The Inpsector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33914 of 2025 Vinoth Petitioner Vs The State Represented by The Inspector of Police, Kelamangalam Police Station, Krishnagiri District.

Crime No.299 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.299 of 2025 on the file of the respondent police.

For Petitioner:

Mr.C.Palanisamy For Respondent:

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.10.2025 for the alleged offence punishable under Sections 296(b) and 105 of BNS Act, in Crime No.299 of 2025 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner is the brother-in-law of the defacto complainant in this case. It is alleged that petitioner's sister and defacto complainant were having matrimonial dispute and on the date of alleged occurrence, while the defacto complainant and the deceased were on the way, they were intercepted by the petitioner and a quarrel arose and the petitioner herein attacked the deceased with iron pipe and kicked him on the chest which resulted in causing grievous injuries and deceased died on the spot. Hence, the complaint was lodged and the petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 20.10.2025 and that the alleged occurrence was not a premeditated act, but happened due to a sudden quarrel. Hence, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner is not having any previous case against him and that the investigation is pending. Hence, he opposed to grant bail to the petitioner.

5. Considering the submissions made by the learned counsel on either side, the nature of the allegations, and considering the period of his incarceration and the manner in which the alleged occurrence taken place and that the petitioner has no previous case, 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 District Munsif cum Judicial Magistrate, Denkanikottai, 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 respondent police 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.

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 District Munsif cum Judicial Magistrate, Denkanikottai.

2.The Inspector of Police, Kelamangalam Police Station, Krishnagiri District.

3.The Superintendent, District Jail, Dharmpuri.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J., drl CRL OP NO.33914 of 2025 11.12.2025