Crl.O.P.No.19589 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19589 of 2026 1. Venkatachalam 2. Karthick ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Mangalapuram Police Station, Namakkal District. ... Respondent(s) Crime No.34 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.34 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.W.Camyles Gandhi For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioners, who were arrested and remanded to judicial custody on 11.05.2026 for the alleged offences under Sections 296(b) and 103 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.34 of 2026 on the file of the respondent police, seek bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19589 of 2026 2. It is the case of the prosecution that the first and third accused, who are the petitioners herein, are the sons of the second accused. The allegation against the second accused is that, due to previous enmity, he drove the car over the deceased, causing his death on the spot. The further allegation against the petitioners is that they were occupants of the said car. 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 11.05.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. It is his specific submission that the petitioners were not present at the scene of occurrence and that, even according to the prosecution, the specific allegation against them is only that they were occupants of the car. He would further submit that the prosecution has projected what was essentially a road accident as a case of murder. Hence, he prayed for the grant of bail. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioners, reiterated the prosecution case and, on instructions, fairly submitted that the petitioners have no criminal antecedents and that a major portion of the investigation has already been completed. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19589 of 2026 5. Considering the totality of the circumstances, the period of incarceration undergone by the petitioners, the fact that the petitioners have no bad antecedents, the fact that a major portion of the investigation has already been completed, and also the fact that the specific overt act attributed to the petitioners is limited to their alleged presence as occupants of the car, this Court is inclined to enlarge the petitioners on bail, subject to certain conditions. 6. Accordingly, the petitioners are 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, Rasipuram 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; [d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19589 of 2026 [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. 24.07.2026 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.No.19589 of 2026 To 1. The learned Judicial Magistrate, Rasipuram 2. The Superintendent, Central Prison, Salem 3. The Inspector of Police, Mangalapuram Police Station, Namakkal District. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19589 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.19589 of 2026 24.07.2026 6/6 https://www.mhc.tn.gov.in/judis