Citation : 2026 Latest Caselaw 2403 Mad
Judgement Date : 7 May, 2026
CRL OP No. 11877 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11877 of 2026
Velmurugan
..Petitioner
Vs
The State Rep By,
The Inspector of Police
M7, Manali New Town Police Station,
Crime No.131 of 2026.
..Respondent
PRAYER : Criminal Original Petition has been filed under Section 483 of
BNSS to enlarge the petitioner on bail in Crime No.131 of 2026 on the file of
the respondent police.
For Petitioner : Mr.S.Tamil Selvan
For Respondent: Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
Petition seeking bail in respect of Crime No.131 of 2026 registered for
the alleged offences punishable under Sections 296(b), 115(2), 105 of BNS,
2023, is on board for consideration.
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2. The case of the prosecution is that on 07.04.2026, the deceased, in
an intoxicated state, approached in an unstable manner, collided with the
petitioner, and fell, thereby sustaining head injuries. The injured person was
immediately rushed to the hospital; however, he subsequently succumbed to his
injuries on 23.04.2026. Hence, the present case was registered.
3. The learned counsel appearing for the petitioner submitted that the
petitioner is a lorry driver by profession and has not committed any offence as
alleged by the prosecution. He further submitted that the petitioner was
unacquainted with the deceased and that the incident occurred without any
criminal intention. It was further contended that the petitioner is willing to abide
by any stringent conditions that may be imposed by this Court. He also
submitted that the petitioner has been in incarceration since 24.04.2026 and,
therefore, prayed for the grant of bail.
4. The learned Government Advocate (Criminal Side) appearing for
the respondent police, while opposing the grant of bail, reiterated the
prosecution's case and submitted that there are no previous cases pending
against the petitioner.
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5. Heard both sides and perused the materials available on record.
6. Taking note of the facts and circumstances of the case, nature of
allegations, submissions made by the learned counsels on either side and the
period of incarceration undergone by the petitioner, this Court is inclined to
grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with
two sureties, each for a like sum to the satisfaction of the learned Judicial
Magistrate No.II, Ponneri and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book 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;
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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
07-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
Lpp/rpl
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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To
1. The Judicial Magistrate No.II, Ponneri.
2. The Inspector of Police M7, Manali New Town Police Station.
3. The Superintendent, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI J.
LPP
07-05-2026
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