Gunasekar v. The State Rep by the Inspector of Police

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

01.10.2025 for the alleged offence under Sections 103(2), 126(2), 140(1), 190, 191(2), 191(3), 351(3) & 61(2) of BNS Act, 2003 in Crime No.472 of 2025 on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that the petitioner along with other accused had abducted and murdered one Vinothkumar when he refused to give mamool to the petitioner. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the investigation is completed in this case and charge sheet also filed in SC.No.223 of 2026 on the file of the Additional District and Sessions Judge, Chengalpet and now it is posted on 27.08.2026 for framing of charges. He further submitted that this petitioner is in custody since 01.10.2025 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that this petitioner is having two previous cases pending against him and he belonged to History Sheeter category. The role of the accused is that he specifically accompanied with the other accused in the commission of offence and a long sickle is recovered from his petitioner and he was detained under the Preventive Detention Act by order dated 28.10.2025 and the same was set aside Page3 of 6 by the order of this court dated 29.06.2026. Hence he opposed the grant of bail to the Petitioner.

¶5Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering the totality of the circumstances and period of incarceration of the petitioner since 01.10.2025 and investigated has been completed and charge sheet also filed, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, 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 Additional District and Sessions Judge, Chengalpattu, 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 Page4 of 6 Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall appear before the trial court daily at 10.30 a.m., until further orders; [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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20-08-2026 GV 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 learned Additional District and Sessions Judge, Chengalpattu

¶2The Inspector of Police Tambaram Police Station,

¶3The Superintendent, Central Prison, Puzhal, Chennai.

¶4The Public Prosecutor, High Court, Madras CRLoOPoNo.o23215oofo2026 N.RAMESH,oJ. GV CRLoOPoNo.o23215oofo2026 20-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Gunasekar S/o.Suresh, No.11, Vaigai Nagar, 2nd Street, Mudichur Road, Mudichur, Chennai-45. ..Petitioner(s) Vs The State Rep by The Inspector of Police Tambaram Police Station, Crime No.472 of 2025. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation of the case in Crime No.472 of 2025 on the file of the respondent police. For Petitioner: Mr.S.Senthilvel For Respondent: Mr.M.M.I.Khaleel Government Advocate (Crl.Side)