Parameshwar v. State Rep By, the Inspector of Police

ORDER The petitioners, who were arrested and remanded to judicial custody on

07.07.2026 for the alleged offences under Sections 191(2), 191(3), 296(b), 118(1), 109, 324(4), 329(4) of BNS Act, r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act in Crime No. 263 of 2026 on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that, as an act of retaliation for a murder allegedly committed by the defacto complainant, on 06.07.2026 at about 5:00 PM, the petitioners along with other accused, formed an unlawful assembly with the common intention of committing the murder of the defacto complainant. In furtherance of their common object, they allegedly trespassed into the house of the defacto complainant and attacked him with deadly weapons. When the mother of the defacto complainant intervened to prevent the attack, she was also assaulted. Both the defacto complainant and his mother sustained simple injuries. Hence the case was registered.

¶3The 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 judicial custody since

07.07.2026 and is ready to abide by any conditions that may be imposed by this Court. It is further submitted that co-accused was already enlarged on bail in Crl.O.P.No.20500 of 2026 dated 29.07.2026. Hence, he prayed for the grant of bail.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioners reiterated the prosecution's case and on instructions, submitted that the first petitioner has one previous case of murder, the second petitioner has four previous cases and the Page3 of 6 fourth petitioner has six previous cases, whereas the third petitioner has no criminal antecedents.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side.

¶6Considering the submissions of the learned counsel on both sides, though the injured person has been discharged from the hospital, this Criminal Original Petition is dismissed as against petitioner Nos. 1, 2, and 4 in view of their criminal antecedents. However, considering that there are no criminal antecedents against the petitioner No. 3 and to maintain parity with the co-accused who have already been enlarged on bail in Crl.O.P.No.20500 of 2026 dated 29.07.2026, this Court is inclined to enlarge the petitioner No. 3 on bail, subject to certain conditions.

¶7Accordingly, the petitioner No.3 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 for a like sum each to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Kilvelur, and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship Page4 of 6 [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 No.3 shall report before the respondent police daily at 10.30 a.m. until further orders; [c] the petitioner No.3 shall not abscond either during investigation or trial; [d] the petitioner No.3 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 petitioner No.3 in accordance with law as if the conditions had been imposed and the petitioner No.3 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 petitioner No.3 thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 30-07-2026 NSL Page5 of 6 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. To

¶1The District Munsif Cum Judicial Magistrate, Kilvelur.

¶2The Sub Jail, Nagappattinam.

¶3The Inspector of Police, Kilvelur Police Station, Nagapattinam.

¶4The Public Prosecutor, High Court of Madras. CRLoOPoNo.o20592oofo2026 C.KUMARAPPAN,oJ. NSL CRLoOPoNo.o20592oofo2026 30-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Parameshwar 2. Kirankumar 3. Murugavel 4. Rajesh ..Petitioners Vs State by, The Inspector of Police, Kilvelur Police Station, Nagapattinam. Crime No. 263/2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No. 263/2026, pending investigation on the file of the respondent police. For Petitioner: Mr.S.Sengkodi For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)