S.Ezhumalai v. The State Rep by the Inspector of Police

ORDER The petitioners, who were arrested and remanded to judicial custody on

21.05.2026 for the alleged offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 103(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.41 of 2026 on the file of the respondent police, seek bail.

¶2It is the case of the prosecution that, owing to a dispute regarding the expenditure incurred during the election, a wordy quarrel arose between the accused persons and the defacto complainant. During the course of the occurrence, the first accused allegedly threw a stone at the defacto complainant; however, it hit one Gajendran, who had accompanied the defacto complainant. It is further alleged that the petitioners, along with the other accused persons, abused and assaulted the defacto complainant and Gajendran. Gajendran, who sustained grievous injuries in the occurrence, succumbed to the injuries after ten days. Hence, the case.

¶3The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners have been in custody since 21.05.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. He would further submit that the co-accused have already been enlarged on bail vide order dated 09.06.2026 passed by this Court in Crl.O.P.No.14489 of 2026 and order dated 07.07.2026 passed by this Court in Crl.O.P.No.17354 of 2026, which fact was not seriously disputed by the learned Government Advocate (Crl. Side). Hence, he prayed for the grant of bail on the ground of parity.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the prosecution case and, on instructions, submitted that yet another accused is to be secured. However, he fairly submitted that the petitioners have no bad antecedents and that a major portion of the investigation has already been completed.

¶5Considering the above facts and circumstances, particularly the period of incarceration undergone by the petitioners, the fact that the petitioners have no bad antecedents, the fact that a major portion of the investigation has already been completed, and also the fact that the co-accused have already been enlarged on bail, this Court is inclined to enlarge the petitioners on bail, subject to certain conditions.

¶6Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Gudiyatham, Vellore District, and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial 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 petitioners shall report before the respondent police everyday at 10.30 a.m. until further orders; [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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

13.07.2026 skr Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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

¶1The learned Judicial Magistrate, Gudiyatham, Velloer District

¶2The Superintendent, Central Prison, Vellore

¶3The Inspector of Police, Melpatti Police Station, Vellore District.

¶4The Public Prosecutor, High Court of Madras C.KUMARAPPAN,J. skr

13.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1. S. Ezhumalai 2. D.Logesh @ Lokeshwaran 3. J.Arun @ Arunkumar ... Petitioner(s) Vs. State of Tamil Nadu Rep. By The Inspector of Police, Melpatti Police Station, Vellore District. ... Respondent(s) Crime No.41 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No. 41 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.A.Vijaya Kumar For Respondent(s) : Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Criminal Side)