Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2026
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.4913 of 2026 Karthick S/o Subramani ... Petitioner Vs The State rep. by, The Sub Inspector of Police, Chengam Police Station, Tiruvannamalai District Crime No.430 of 2025 ...Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.430 of 2025 on the file of the The Sub Inspector of Police, Chengam Police Station, Tiruvannamalai District and pass orders. For Petitioner(s) : Mr.S. Silambuselvan For Respondent(s) : Mr. A. Gopinath Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 28.12.2025, for the offence under Section 103(1), 238 of BNS 2023 in Crime No.430 of 2025, registered on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on the date of occurrence there was a wordy quarrel between the petitioner and deceased, due to which the petitioner dashed the forehead of the deceased and caused severe injuries which resulted in causing death of the deceased. Thereafter, the petitioner dumped the body of the deceased in the near by bridge. Hence the case has been registered by the respondent police. 3.The learned counsel appearing for the petitioner submitted that only based on the suspicion the petitioner was arrested and he is in judicial custody from 28.12.2025 and ready to co-operate with the investigation and abide by any other stringent conditions that may be imposed by this Court. Hence, prays to grant bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted there is no previous case pending against the petitioner and investigation in this case is pending. Hence, opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case; nature of allegations; there is no previous cases pending against the petitioner; there is no witnesses to the occurrence; only based on the circumstantial evidence the petitioner was arrested and the period of incarceration undergone by the Petitioner, this Court is inclined to grant bail to the petitioner herein with 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 Judicial Magistrate, Chengam 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 daily at 10.30 a.m., for a period of four 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 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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
27.02.2026 smn To 1.The Sub Inspector of Police, Chengam Police Station, Tiruvannamalai District
2. The Judicial Magistrate, Chengam
3. The Superintendent, Central Prison, Vellore
4. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
smn Crl.O.P. No.4913 of 2026 27.02.2026