Sankar v. State Rep.By, The Sub-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.34947 of 2025 1.Sankar 2.Sivagnanam Petitioners Vs The State Represented by The Sub Inspector of Police, Kalambur Police Station, Tiruvannamalai District.
Crime No.444 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.444 of 2025 on the file of the respondent police. For Petitioner:
Mr.S.L.Venkatesan For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 25.10.2025 for the alleged offence punishable under Sections 296(b), 126(2), 103(1) of BNS in Crime No.444 of 2025 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that they are ranked as A1 and A2. It is alleged that the deceased had developed an illicit relationship with the daughter of A1 and, due to the said motive, the petitioners waylaid the deceased and attacked him with wooden logs, causing severe injuries. While being taken to the hospital, the deceased succumbed to the injuries. Hence, a case was registered and the petitioners were arrested.
3. Learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case. He further submitted that the petitioners are not having any previous case against them and that major part of the investigation is completed. He further submitted that the petitioners are in judicial custody since 25.10.2025. Hence, he prayed to grant bail to the petitioners.
4. Learned Government Advocate (Crl.Side) appearing for the
respondent reiterated the prosecution case and submitted that the investigation is still pending and that the petitioners have no previous cases against them. Hence, he opposed to grant bail to the petitioners.
5. Considered the submissions made by the learned counsel on either side, the manner in which the alleged occurrence took place and the motive behind the occurrence, the fact that the petitioners have no previous cases and considering the period of their incarceration, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Arni, Thiruvannamalai 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 petitioners shall stay at Vellore and report before the Judicial Magistrate No.I, Vellore, daily
daily at 10.30 a.m., for a period of three weeks. [c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 Court, Arni, Thiruvannamalai.
2.The Sub Inspector of Police, Kalambur Police Station, Tiruvannamalai District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.34947 of 2025 19.12.2025