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Madras High CourtCRL OP/34447/2025granted

Selladurai v. State Represented By The Inspector Of Police

2025-12-16Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.34460 of 2025 Selladurai ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Madukkarai Police Station, Coimbatore District.

(Crime No.414 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.414 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. M.N. Balakrishnan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.11.2025 for the offences punishable under Section 103(1) of BNS in Crime No.414 of 2025, registered on the file of the respondent police, seeks bail. 2.

The allegation against the petitioner herein is that, the petitioner is the father of the deceased Vignesh Kumar in this case; that on 06.11.2025, the deceased in a drunken mode picked up a wordy quarrel with the petitioner and pushed the petitioner down; that enraged by the action of the deceased, the petitioner hit him with a flower vase and strangulated him; that thereby deceased died on the spot. Hence, the complaint was lodged and the petitioner herein was subsequently arrested.

3.

The learned counsel appearing for the petitioner submitted that the petitioner herein is the father of the deceased and due to a wordy quarrel, both attacked each other; that thereby the deceased sustained injuries and died; that the incident was not premeditated and there was no prior intention or motive on the part of the petitioner herein to cause death of the deceased; that the petitioner is in judicial custody since 06.11.2025; and that the petitioner is ready to abide by any conditions that may be imposed by this 2/6

Court, sought for bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that the petitioner has no previous antecedents; and that the investigation of this case has been concluded. 5.

Considering the submissions made on both sides, facts and circumstances of the case, the fact that the petitioner has no previous antecedents, the investigation of the case has been concluded and taking note of the period of incarceration undergone by the petitioner, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate Court, Madukkarai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial 3/6

Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the learned District Munsif Cum Judicial Magistrate, Madukkarai daily at 10:30 a.m., for a period of four weeks and thereafter, as and when required for interrogation by the respondent police;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

16.12.2025 stn Note :

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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, Madukkarai.

2. The Inspector of Police, Madukkarai Police Station, Coimbatore District.

(Crime No.414 of 2025)

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

stn 5/6

Crl.O.P. No.34447 of 2025 16.12.2025 6/6