Krishna Raj v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.35413 of 2025 1.Krishna Raj 2.Sundarrajan ... Petitioners Vs.

The State represented by, The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District (Crime No. 633 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in Crime No.633 of 2025 on the file of the respondent police.

For Petitioners : Mr.M.N.Balakrishnan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioners were arrested and remanded to judicial custody on 13.10.2025, for the alleged offence punishable under Sections 61(2) and 109 of BNS, in Crime No.633 of 2025, on the file of the respondent police, seek bail.

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2. The case of the prosecution is that the defacto complainant and the victim are friends. Due to previous enmity between A5 and the victim, on the date of alleged occurrence, the accused assaulted the victim with a knife and caused grievous injuries to him. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the petitioners have no connection with the alleged incident and that, due to previous enmity, the defacto complainant has falsely implicated them. He further submitted that there is no specific overt act attributed to the petitioners and that the first petitioner is the father of the deceased, while the second petitioner is the brother of the first petitioner. He would further submit that the petitioners were arrested and is in judicial custody from 13.10.2025. Hence, he prayed bail for the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that, on the date of the alleged occurrence, due to previous enmity, the petitioners assaulted the defacto complainant with a knife, causing injuries to him. He further submitted that the injured was 2/6

discharged from the hospital and that the petitioners have no previous cases pending against them. Hence, he opposed to grant bail to the petitioners.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the rival submissions made by the learned counsel on either side, even according to the prosecution that the petitioners have not directly participated in the occurrence, the injured was discharged from the hospital, the petitioners have no previous cases pending against them, and also considering the period of their incarceration, this Court is inclined to grant bail to the petitioners, subject to certain conditions. [a] Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court No.V, Coimbatore, and on further conditions that:- [b] the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

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[c] the petitioners shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

26.12.2025 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.V, Coimbatore.

2.The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District 3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

drl Crl.O.P.No.35413 of 2025 26.12.2025 6/6