Citation : 2026 Latest Caselaw 1741 Mad
Judgement Date : 9 April, 2026
CRL OP No. 8974 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 8974 of 2026
Prasannakumar S/o Kunju Kannan,
No.15 60 C4, Gajalakshmi Nagar,
Pattanampudhur, VTC Pattanam Post,
Sulur Taluk, Coimbatore District.
..Petitioner(s)
Vs
State represented by:
The Inspector of Police
Traffic Investigation Wing East (Ramnagar),
Coimbatore City.
(Crime No.114 of 2026)
..Respondent(s)
PRAYER: The Criminal Original Petition has been filed under Section 483 of
B.N.S.S. praying to enlarge the petitioner on bail in connection with Crime
No.114 of 2026 on the file of Inspector of Police, Traffic Investigation Wing,
Coimbatore.
For Petitioner(s): M/S. E.K.Kumaresan
For Respondent(s): Mr. S. Vinoth Kumar,
Government Advocate (Criminal side).
ORDER
The petitioner, who was arrested and remanded to judicial custody on
16.03.2026 for the alleged offences under Sections 105, 281 and 125 A of
B.N.S. in Crime No.114 of 2026 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that on 16.03.2026 at about 3 p.m., the
petitioner drove the School van in a rash and negligent manner near Singanallur
Vellalar Flyover Road, hit an auto driven by one Maarisamy, which came in the
opposite direction and caused death to the auto driver. Hence the case.
3. The learned counsel appearing for the petitioner would submit that the
petitioner is aged about 71 years. It is his further submission that in the
accident, one fatal took place and the petitioner has been under judicial custody
on 16.03.2026 and hence prays for grant of bail to the petitioner.
4. Though the above said fact was not seriously disputed by the learned
Government Advocate (Criminal side) appearing for the respondent police
objected the bail application, he has fairly submitted that investigation has been
completed.
5. I have given anxious consideration to the submissions made by the
learned counsel on either side.
6. Therefore, taking into consideration of the age of the petitioner, upon
the fact that investigation has been completed and upon the further fact that the
petitioner has been under judicial custody since 16.03.2026, this Court is
inclined to enlarge the petitioner on bail, subject to the following conditions:
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7. Accordingly, the petitioner is ordered to be released on bail on his
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 Judicial
Magistrate-III, Coimbatore and on further conditions that:
[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 sign before the respondent police daily at 10.30
a.m. and 5.30 p.m. for a period of 1 week and thereafter to appear before
the investigation officer as and when required for interrogation.
[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 pass appropriate orders against the
petitioner in accordance with law as if the aforementioned 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 in P.K.Shaji vs. State
of Kerala [(2005)13 SCC 283]:
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[f] If the accused thereafter absconds, a fresh FIR can be registered under
Section 269 of B.N.S.
09-04-2026 MJS
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.III, Coimbatore.
2. The Inspector of Police,Traffic Investigation Wing East (Ramnagar), Coimbatore City.
3. The Superintendent of Police, Central Prison, Coimbatore.
4. The Public Prosecutor, High Court of Madras.
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C.KUMARAPPAN, J.
MJS
09-04-2026
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