Karthik vs State Of Tamilnadu Rep By The ...
2026 Latest Caselaw 1786 Mad

Citation : 2026 Latest Caselaw 1786 Mad
Judgement Date : 10 April, 2026

[Cites 3, Cited by 0]

Madras High Court

Karthik vs State Of Tamilnadu Rep By The ... on 10 April, 2026

                                                                                     Crl.O.P.No.9147 of 2026
                                  6IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 10.04.2026

                                                             CORAM

                                  THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

                                                   Crl.O.P.No.9147 of 2026

                   Karthik                                                      ... Petitioner(s)

                                                               Vs.

                   The State rep. by
                   The Sub-Inspector of Police,
                   Tirupattur Town Police Station,
                   Tirupattur District.                                         ... Respondent(s)
                   Crime No.339 of 2025

                   PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
                   to enlarge the petitioner on bail concerned in S.C.No.42 of 2026 pending on the
                   file of the learned Sessions Division of Tirupattur, Tirupattur District.

                                    For Petitioner(s)          : Mr.E.Kannadasan

                                    For Respondent(s)          : Mr.S.Vinoth Kumar,
                                                                 Government Advocate (Crl.Side)

                                                             ORDER

The petitioner, who was arrested and remanded to judicial custody on

08.11.2025 for the alleged offence under Section 103(1) of the Bharatiya Nyaya

Sanhita, 2023 (corresponding to Section 302 IPC) in Crime No.339 of 2025 on

the file of the respondent police, seeks bail.

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2. The case of the prosecution is that, due to a wordy quarrel between the

petitioner and the defacto complainant, who were working as security guards in

a departmental store, the petitioner attacked the defacto complainant with

stones, thereby causing his death. Hence, the case.

3. The learned counsel appearing 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 08.11.2025 and is

ready to abide by any stringent conditions that may be imposed by this Court.

Hence, he prayed for grant of bail.

4. The learned Government Advocate (Crl. Side) appearing for the

respondent, while opposing the grant of bail, reiterated the prosecution case and,

on instructions, submitted that the petitioner has no bad antecedents and that the

weapon used was only a stone. He further submitted that the investigation has

been completed and that cognizance has been taken by the learned Magistrate in

P.R.C. No.10 of 2026.

5. Considering the above facts and circumstances, the period of

incarceration undergone by the petitioner, the fact that the petitioner has no bad

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antecedents, and also the fact that the investigation has been completed and

cognizance has been taken, this Court is inclined to enlarge the petitioner on

bail, subject to certain conditions.

6. Accordingly, 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

Judicial Magistrate No.I, Tirupattur, 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. for a period of two weeks and thereafter 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 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,

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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.

10.04.2026 skr

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.

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1. The learned Judicial Magistrate No.I, Tirupattur

2. The Sub-Superintendent, Central Prison, Vellore.

3. The Inspector of Police, Tirupattur Town Police Station, Tirupattur District.

4. The Public Prosecutor, High Court of Madras

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C.KUMARAPPAN,J.

skr

10.04.2026

https://www.mhc.tn.gov.in/judis