Mathankumar v. The State Represented By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.34436 of 2025 Mathankumar Petitioner Vs The State Represented by The Inspector of Police, Nallur Police Station, Tiruppur District.
Crime No.712 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.712 of 2025 on the file of the respondent police. For Petitioner:
Mr.G.Saravanan For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 25.11.2025 for the alleged offence punishable under Sections 281, 105, 110 of BNS, 2023 r/w Section 185 of the Motor Vehicles Act, in Crime No.712 of 2025 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that, after consuming liquor, the petitioner drove a two wheeler in a rash and negligent manner and hit the defacto complainant's grand father, causing severe injuries, to which he succumbed the following day. Hence, a case was registered and the petitioner was arrested.
3. Learned counsel appearing for the petitioner submitted that the petitioner, aged 19 years, is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody since 25.11.2025; that the petitioner is not having any previous case against him. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner had already been arrested and that blood samples were also taken, finding that there was the influence of alcohol at the time of accident. Hence, he opposed to grant bail to the petitioner.
5. On perusal of the FIR and other connected materials, it is seen that the petitioner was arrested on 25.11.2025 and that blood samples and other intoxication-related certificates were also obtained. It is seen that the investigation is pending.
6. Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side, the nature of the allegations, the manner in which the alleged occurrence took place, the age of the petitioner, who is 19 years, and 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 her 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.IV, Tiruppur, Tiruppur District, 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 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.
16.12.2025 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.IV, Tiruppur, Tiruppur District.
2.The Inspector of Police, Nallur Police Station, Tiruppur District.
3.The Superintendent, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.34436 of 2025 16.12.2025