Babu v. The State rep by the Sub Inspector of Police
CRL OP/17383/2026 · 2026-07-15
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 49153 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 49153 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.Nos.17383 & 18381 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.Nos.17383 & 18381 of 2026
1. Babu
2. Surya Prakash
3. Thirumal ... Petitioner(s) in Crl.OP.No.17383 of 2026 Joshva @ Diesel ... Petitioner(s) in Crl.OP.No.18381 of 2026 Vs. The State rep. by The Sub-Inspector of Police, Katpadi Police Station, Vellore. ... Respondent(s) in both petitions Crime No.122 of 2026 COMMON PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.122 of 2026 pending on the file of the respondent police. In Both Petitions For Petitioner(s) : Mr.M.Sathish Kumar For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.17383 & 18381 of 2026 COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 24.05.2026 for the alleged offences under Sections 103(1), 191(2), 191(3) and 238 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.122 of 2026 on the file of the respondent police, seek bail. 2. It is the case of the prosecution that the deceased, who was a native of West Bengal, had lost his way and entered the area where the petitioners were residing. The petitioners were under the impression that the deceased had entered the area for certain immoral activities. Acting under such mistaken impression, the petitioners allegedly attacked the deceased using hands and legs, thereby causing his death. Hence, the case. 3. The 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 custody since 24.05.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail. 4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the 2/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.17383 & 18381 of 2026 prosecution case and, on instructions, submitted that a major portion of the investigation has already been completed and that the petitioners have no criminal antecedents. 5.
Considering the totality of the circumstances, the period of incarceration undergone by the petitioners, the fact that the petitioners have no bad antecedents, and also the fact that a major portion of the investigation has already been completed, this Court is inclined to enlarge the petitioners on bail, subject to 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 learned Judicial Magistrate, Katpadi, Vellore District and subject to the following conditions: [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 Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioners shall report before the respondent police everyday at 10.30 a.m. until further orders; [c] the petitioners shall not abscond either during investigation or trial; 3/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.17383 & 18381 of 2026 [d] the petitioners 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 petitioners in accordance with law as if the conditions had been imposed and the petitioner 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 petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 15.07.2026 skr Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All 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. 4/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.17383 & 18381 of 2026 To
1. The learned Judicial Magistrate, Katpadi, Vellore District
2. The Superintendent, Central Prison, Vellore
3. The Sub-Inspector of Police, Katpadi Police Station, Vellore. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.17383 & 18381 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.Nos.17383 & 18381 of 2026 15.07.2026 6/6 https://www.mhc.tn.gov.in/judis