T.Bharath v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.34647 of 2025 T.Bharath Petitioner Vs The State Represented by The Inspector of Police, Jolarpet Police Station, Tirupattur District.
Crime No.143 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.143 of 2025 on the file of the respondent police. For Petitioner:
Mr.E.Kannadasan for M/s.R.Thulasi For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 26.05.2025 for the alleged offence punishable under Sections 103(1), 109, 281 of BNS, in Crime No.143 of 2025, on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that, as per the FIR registered by Jolarpet Police Station in Crime No.143 of 2025, the defacto complainant is the sister of the deceased, Sakaravarthy. On 17.02.2025, at about 6.30 a.m., the deceased allegedly murdered his uncle, Timarayan, due to a civil dispute, and a case was registered against him, and he was subsequently granted bail with the condition to report to Sivakanchi Police Station, Kancheepuram District. Further, on 26.05.2025, at around 4.30 a.m, while the deceased, along with one Gowri, was walking near the TVS showroom route to Kanchipuram to comply with the bail conditions, a black scorpio car driver by the petitioner/Accused No.1 in a rash and negligent manner dashed on and caused injuries. Immediately thereafter, three other accused who were hiding nearby rushed to the spot and brutally attacked the deceased with knives, causing his death. Hence a complaint was registered and the petitioner was arrested.
3. Earlier, this Court dismissed the bail petitions filed by the petitioner on two occasions on the ground that that petitioner has bad antecedents.
4. Now, the learned counsel for the petitioner submitted that this is the third bail petition; that the petitioner is in judicial custody since 26.05.2025; and the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.
5. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the investigation is completed and the charge sheet filed and the same was taken on file in S.C.No.111 of 2025 and that the case is posted on 03.01.2026 for framing of charges. Hence, he opposed to grant bail to the petitioner.
6. Considered the submissions made by the learned counsel on either side, the fact that the case has been committed to the Sessions Court in SC.No.111 of 2025, though it is stated that the petitioner has two previous cases, which are not similar nature or heinous offence and considering the period of his incarceration, this Court is inclined to grant
bail to the petitioner with 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 Judicial Magistrate No.I, Tirupattur, 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 Court daily at 10.30 a.m., for a period of three weeks.
[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.
19.12.2025 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, Tirupattur.
2.The Inspector of Police, Jolarpet Police Station, Tirupattur District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.34647 of 2025 19.12.2025