- Court
- High Court of Madras
- Decided
- 13 July 2026
- Bench
- C.Kumarappan
- Case no.
- CRL OP 18178/2026
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Judgment
ORDER The petitioner, who was arrested and remanded to judicial custody on
28.04.2026 for the alleged offence under Section 105 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.55 of 2026 on the file of the respondent police, seeks bail.
¶2It is the case of the prosecution that, owing to a land dispute between the petitioner and the deceased, a wordy quarrel arose, which escalated into an altercation, during the course of which the petitioner allegedly pushed the deceased, sat on his chest and punched him, as a result of which the deceased subsequently succumbed. Hence, the case.
¶3The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in custody since 28.04.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. It is his specific submission that no external injuries were found on the body of the deceased, which fact was not seriously disputed by the learned Government Advocate (Crl. Side). Hence, he prayed for the grant of bail.
¶4The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that a major portion of the investigation has already been completed and that the petitioner has no criminal antecedents. He has also produced the post-mortem report.
¶5On perusal of the post-mortem report produced by the learned Government Advocate (Crl. Side), this Court finds that no external injuries on the body of the deceased. Hence, considering the above factual position, the period of incarceration undergone by the petitioner, the fact that the petitioner has no bad antecedents, and also the fact that a major portion of the investigation has already been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.
¶6Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate Court, Uthukottai 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 petitioner shall report before the respondent police everyday at 10.30 a.m. until further orders; [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 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 petitioner 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 District Munsif cum Judicial Magistrate Court, Uthukottai
¶2The Superintendent, Central Prison, Puzhal
¶3The Inspector of Police, Pennalurpet Police Station, Tiruvallur District.
¶4The Public Prosecutor, High Court of Madras C.KUMARAPPAN,J. skr
13.07.2026
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Karuna @ Karnan ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Pennalurpet Police Station, Tiruvallur District. ... Respondent(s) Crime No.55 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.55 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.M.Govindaraju For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.