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Madras High Court
Ajit Kisan vs State Of Tamilnadu Rep.By on 21 April, 2026
Crl.O.P.No.10090 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.10090 of 2026
1. Ajit Kisan
2. Akashmunda ... Petitioner(s)
Vs.
State of Tamil Nadu,
Rep. by the Inspector of Police,
Udumalpet Police Station,
Tiruppur District. ... Respondent(s)
Crime No.85 of 2026
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.85 of 2026 pending on
the file of the respondent police.
For Petitioner(s) : Mr.K.A.M.Jagadish Kumar
For Respondent(s) : Mr.S.Vinoth Kumar,
Government Advocate (Crl.Side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on
09.02.2026 for the alleged offences under Sections 191(2), 191(3), 296(b),
118(1), 351(3) and 103(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime
No.85 of 2026 on the file of the respondent police, seek bail.
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2. The allegation against the petitioners is that, on account of noise
emanating from the room of the accused persons, the defacto complainant went
to their room and requested them to reduce the sound, which led to a wordy
quarrel between the petitioners and the defacto complainant. When the deceased
intervened, the petitioners allegedly attacked him, as a result of which he died.
Hence, the case.
3. The 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 09.02.2026 and are
ready to abide by any stringent conditions that may be imposed by this Court. It
is further submitted that the co-accused have already been enlarged on bail by
this Court vide order dated 06.04.2026 passed in Crl.O.P.No.8088 of 2026.
Hence, he prayed for grant of bail.
4. The 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 the petitioners belong to
Odisha and the defacto complainant and the deceased belong to Uttar Pradesh,
which also contributed to the dispute. He, however, fairly submitted that the
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petitioners have no bad antecedents and that the investigation has already been
completed. He also confirmed that the co-accused have already been enlarged
on bail.
5. Considering the facts and circumstances of the case, the period of
incarceration undergone by the petitioners, the fact that the investigation has
been completed, the absence of bad antecedents on the part of the petitioners,
and also taking into consideration 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.
6. Accordingly, 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), with two sureties each for a like sum to the satisfaction of the learned
learned Judicial Magistrate – I, Udumalpet, 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;
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[b]the petitioners shall report before the respondent
police every day at 10.30 a.m. until further orders, and no
petition seeking relaxation of this condition shall be
entertained for a period of 30 days;
[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 petitioners
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.
21.04.2026
skr
https://www.mhc.tn.gov.in/judis
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 learned Judicial Magistrate – I, Udumalpet.
2. The Superintendent, Central Prison, Coimbatore
3. The Inspector of Police, Udumalpet Police Station, Tiruppur District.
4. The Public Prosecutor, High Court of Madras
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C.KUMARAPPAN,J.
skr
21.04.2026
https://www.mhc.tn.gov.in/judis
