Venkatesan v. The State Rep by

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

19.03.2026 for the offences punishable under Sections 296(b), 109(1) BNS and altered to Sections 296(b), 103(1) BNS in Cr.No.113 of 2026 on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that the petitioner and one Dhavamani were adjacent land owners of the defacto complainant. On 16.03.2026 at about

11.00 a.m., when Dhavamani was laying a pipeline to take water to her agricultural land, the petitioner and his wife (A2) developed quarrel with Dhavamani and when the defacto complainant's husband Madheswaran intervened, the petitioner and A2 abused him in filthy words and assaulted him with stone and caused injuries and he was admitted in the hospital and during the course of treatment, he died. Hence, the case.

¶3The learned counsel for the petitioner would contend that the petitioner is under judicial custody since 19.03.2026. He submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore he prayed to grant bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there is no previous case as against the petitioner. However, he opposed for grant of bail to the petitioner.

¶5Heard both sides and perused the materials available on record. Page3 of 6

¶6Considering the rival submissions made on both sides, the nature of offence and that there is no previous case against the petitioner and further considering that since the alleged occurrence took place on 16.03.2026, by this time, material part of the investigation might have been completed as well as the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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.I, Sankari and on further conditions that: [b] the petitioner shall report before the respondent Police daily at 10.30 a.m until further orders; [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected; [d] the petitioner shall not abscond either during investigation or trial; Page4 of 6 [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023. 14-05-2026 Anu Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Page5 of 6 To

¶1The Judicial Magistrate No.I, Sankari

¶2The Inspector of Police Sankari Police Station, Salem District

¶3The Superintendent Women Prison, Salem

¶4The Public Prosecutor, Madras High Court. CRLoOPoNo.o12521oofo2026 P.DHANABAL,oJ. Anu CRLoOPoNo.o12521oofo2026 14-05-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Venkatesan ..Petitioner(s) Vs State rep by the Inspector of Police, Sankari Police Station, Salem District Cr.No.113 of 2026 ..Respondent(s) Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in Cr.No.113 of 2026 on the file of the respondent police. For Petitioner(s): Mr.T.N.Rangesh Kanna For Respondent(s): Mr.V.J.Priyadarsana Government Advocate (Crl.Side)