G. Sankaranarayanan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI G.Sankaranarayanan, S/o.S.P.Gopalakrishnan,

...Petitioner/ Accused No.3

Vs The State of Tamilnadu rep.by The Inspector of Police, Singampunari Police Station, Singampunari, Sivagangai District.

(Crime No.159 of 2025) .. Respondent/Complainant For Petitioner :

Mr.V.Kathirvel Senior Counsel for Mr.L.Shaji chellan For Respondent :

Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.159 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 01.07.2025 for the offences punishable under Sections 194 of BNSS 1/6

altered into Section 105 of BNS in Crime No.159 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner running a school in the name and style of ''Jezreel Public School'' along with his wife Sivakami (Accused No.4). The defacto-complainant's son namely Aswanth studied 2nd standard in the said school. On 30.06.2025, the defacto-complainant's son went to the school regularly, at about 04.00p.m. the school management informed over phone that his son admitted in the Government Hospital due to illness. Immediately, the defacto-complainant rushed to the hospital, after that he knew that his son already died. Later, he knew that his son died due to the reason that the deceased boy stucked into the closed car and due to suffocation he died in the car. Hence, the case.

3. The learned counsel for the petitioner would submit that in this case, there are totally six accused persons, this petitioner was arrayed as third accused. The said occurrence was took place only by the negligent act of the driver of the car i.e, the Accused No.5. There was no vicarious liability on the part of this petitioner. There is no specific overtact against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 01.07.2025 2/6

nearly 10 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the deceased boy studied second standard in the 'Jezreel public school'. On 30.06.2025, the deceased boy was stucked into the closed car and due to suffocation, he died in the car. Accused No.5 is the driver of the vehicle. This petitioner is the Correspondent of the said school. In this case, Accused No.4 was already enlarged on bail by this Court in Crl.O.P.(MD).No.11604 of 2025 dated 09.07.2025, other accused persons are still in judicial custody. This petitioner has not present at the time of occurrence. There is no bad antecedent against this petitioner. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, there is no specific overtact against this petitioner, he is not at all present at the time of occurrence, already the Accused No.4 enlarged on bail by this Court, there is no bad antecedent against this petitioner, the petitioner/accused No.3 is in judicial custody from 01.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two 3/6

sureties, each for a like sum to the satisfaction of learned District Munsif cum Judicial Magistrate, Singampunari 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 furnish his residential address and contact number to the learned District Munsif cum Judicial Magistrate, Singampunari. If the petitioner changes his residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, Singampunari; [c] the petitioner shall appear and sign before the Inspector of Police, Karaikudi North Police Station daily at 10.30 a.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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 4/6

in P.K.Shaji .vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 11/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SINGAMPUNARI.

2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.

5. The Inspector of Police, Singampunari Police Station, Singampunari, Sivagangai District.

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6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.L.SHAJI CHELLAN, Advocate ( SR-7443[I] dated 11/07/2025 )

ORDER

IN CRL OP(MD) No.11765 of 2025 Date :11/07/2025 MK/11.07.2025 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6