Thenkumar v. State Rep By The Inpsector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.34995 of 2025 Thenkumar Petitioner Vs The State Represented by Station House Officer, Pudupettai Police Station, Cuddalore District.
Crime No.306 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.306 of 2025 on the file of the respondent police. For Petitioner:
Mr.D.Lakshmipathy For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 21.09.2025, for the alleged offence punishable under Sections 103(1) of BNS altered to section 103(1) and 238 of BNS in Crime No.306 of 2025, on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that, the petitioner is ranked as A2 in this case and while this petitioner consuming liquor with other accused, the deceased also joined with them and there was a quarrel taken place between them. Hence this petitioner and other accused, attacked him and also stabbed him by using knife. Thereafter, they also tied his body and dumped in the nearby pond. Hence, the complaint was registered.
3. The learned counsel for the petitioner submitted that, the petitioner is in custody from 21.09.2025 and the major part of the investigation concluded and there are no eye witness to the occurrence. Hence, he prayed for grant of bail to the petitioner.
4. Earlier, this Court dismissed the bail petition filed by the petitioner in Crl.OP.No.31417 of 2025 dated 18.11.2025 on the following reasons:
"5. I have considered the submissions made on both sides and perused the records. The facts revealed that it is not only a case of murder but it is also screening of
offence. The petitioner has stabbed the deceased and after his death, the petitioner tied his body with stone and dumped the dead body in the nearby pond. Hence, I am not inclined to grant bail to the petitioner at this stage. Accordingly, this Criminal Original Petition is dismissed."
5. Now, it is reported by the learned Government Advocate (Crl.Side) appearing for the respondent that the investigation is completed and the final report filed and that the petitioner has no bad antecedents. However, he opposed to grant bail to the petitioner.
6. Considering the submission made by the learned Government Advocate (Crl.Side) that the investigation is completed and the final report filed, and the fact that the petitioner has no bad antecedents and also 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.II, Panruti 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 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.
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.II, Panruti.
2.The Station House Officer, Pudupettai Police Station, Cuddalore District.
3.The Superintendent, Central Prison, Cuddalore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.34995 of 2025 19.12.2025