[Cites 1, Cited by 0]
Madras High Court
Murugan vs The State Rep By, The Inspector Of Police on 21 April, 2026
CRL OP No. 9982 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 9982 of 2026
Murugan S/o Muniyappan,
3-327/3 Annai Sathya Nagar,
Kumarapalayam, Thattankuttai,
Kallankattu Valasu,
Thiruchengode Taluk,
Namakkal.
..Petitioner(s)
Vs
The State represented by:
The Inspector of Police
Kumarapalayam Police Station,
Namakkal.
[Crime No.75 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 pending investigation in
Crime No.75 of 2026 on the file of the respondent .
For Petitioner(s): M/S. C.S.Saravanan
For Respondent(s): Mr. S. Vinoth Kumar,
Government Advocate (Criminal side).
ORDER
The petitioner, who was arrested and remanded to judicial custody on
06.03.2026 for the alleged offences under Sections 296(b) and 109 of B.N.S. in
Crime No.75 of 2026 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that on 05.03.2026, during the temple
festival, due to the quarrel between the parties, the accused 1 and 2 abused the
defacto complainant and his friend Suresh in filthy language and assaulted them
using sword and caused injuries to them, due to which, the defacto complainant
sustained injuries on his left head, hip and both shoulders and the friend of the
defacto complainant sustained injuries on right hand and back side. Hence the
case.
3. The learned counsel appearing for the petitioner would submit that the
petitioner has been remanded to judicial custody on 06.03.2026 on the
allegation that he along with A1, on 05.03.2026 during the temple festival, had
assaulted the defacto complainant and his friend using knife and hands and in
furtherance of which, they sustained injuries and subsequently, they were
discharged from the hospital within 4 days and hence prays for grant of bail to
the petitioner.
4. The learned Government Advocate (Criminal side) appearing for the
respondent police though objected the bail application, he has fairly submitted
that the injured persons were discharged from the hospital.
5. I have given anxious consideration to the submissions made by the
learned counsel on either side.
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6. Therefore, taking into consideration of the totality of circumstances
and upon the fact that the injured were discharged from the hospital and the
petitioner has been under judicial custody since 06.03.2026, this Court is
inclined to enlarge the petitioner on bail, subject to the following stringent
conditions:
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, Kumarapalayam 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 2 weeks 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
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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]:
[f] If the accused thereafter absconds, a fresh FIR can be registered under
Section 269 of B.N.S.
21-04-2026
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, Kumarapalayam.
2. The Inspector of Police, Kumarapalayam Police Station, Namakkal.
3. The Superintendent of Police, Central Prison, Salem.
4. The Public Prosecutor, High Court of Madras.
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C.KUMARAPPAN, J.
MJS
21-04-2026
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