Sarathkumar v. State Through

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Sarathkumar ...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Government Hospital Police Station, Trichy city Trichy. (Crime No. 107 of 2026 )

...Respondent/Complainant

For Petitioner : Mr.T.Karthick

Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 107 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 06.03.2026 for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1), 351(3), 109 of BNS, 2023 in Crime No. 107 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 06.03.2026, due to previous enmity between the parties, the petitioner and other accused were intercepted the deceased and attacked with knife and caused injuries to the deceased which lead to death. Based on the complaint given by the friend of the deceased, the petitioner has been arrayed as A3. Hence the case.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would submit that the petitioner is an unnamed accused and based on the confession of the co-accused, the petitioner has been arrayed as A3. He would further submit that co-accused/A5 and A6 were granted anticipatory bail. He would further submit that he has been arrested and remanded to judicial custody on 06.03.2026. Therefore, prayed to grant bail for the petitioner.

¶4The learned Additional Public Prosecutor appearing for the respondent would submit that based on the complaint lodged by the friend of the deceased, the case has been registered under Sections 191(2), 191(3), 296(b), 118(1), 351(3) 109 of BNS, 2023 in Crime No. 107 of 2026. He would further submit that due to previous enmity, the occurrence happened and the petitioner has three previous cases. He would further submit that co-accused were granted anticipatory bail. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

¶5This Court heard both sides and perused the materials available on record.

¶6Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that the petitioner's name is not mentioned in FIR and A5 and A6 were granted anticipatory bail and though the petitioner has three previous cases, in all cases the petitioner was granted bail and also considering 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-IV, Trichy, 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 he/she is accused, or suspected, or of the commission of which he/she is suspected; [d] the petitioner shall not abscond either during investigation or trial; [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 BNS.

(P D B J)

08.04.2026 apd

To

1.The Judicial Magistrate-IV, Trichy.

2.The Inspector of Police, Government Hospital Police Station, Trichy city Trichy.

¶3The Superintendent, Central Prison, Tiruchirappalli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.e6885eofe2026 oooooP.oDHANABAL,oJ oooooooooooooooooooooooooooooooooooooooooooooapd oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.o6885oofo2026 ooooooooooooooooooooooooooooooDateoo:o08.04.2026