Crl.O.P.No.20907 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.08.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.20907 of 2026 1. Mubarak 2. Abdul Jameel ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Tirupattur Town Police Station, Tirupattur District. ... Respondent(s) Crime No.119 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.119 of 2026 pending investigation on the file of the respondent police. For Petitioner(s) : Mr.M.Sathish Kumar For Respondent(s) : Mr.S.Yogaraj Sekar, Government Advocate (Crl.Side) ORDER The petitioners, who were arrested and remanded to judicial custody on 18.05.2026 for the alleged offences under Sections 109(1), 115(2), 118(1) and 296(b) of the Bharatiya Nyaya Sanhita, 2023 @ Sections 296(b) and 103(1) of BNS in Crime No.119 of 2026 on the file of the respondent police, seek bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20907 of 2026 2. It is the case of the prosecution that initially, the deceased, who was a mentally unstable person, attacked the petitioners using beer bottles and, in retaliation thereof, the petitioners attacked the deceased using stones, thereby causing his death. Hence, the case. 3. The learned counsel appearing 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 18.05.2026 and that, in any event, their further custody is not required for the purpose of investigation. Hence, he prayed for 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 prosecution case and, on instructions, submitted that even today, the deceased's body remains unclaimed. He further submitted that though the occurrence took place on 19.05.2026, the deceased succumbed to the injuries only on 12.07.2026 and, therefore, the offences were subsequently altered to Section 103(1) of BNS. However, he fairly submitted that a major portion of the investigation has already been completed and that the petitioners have no criminal antecedents. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20907 of 2026 5. Though this is a case involving an allegation of murder, 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 the occurrence had taken place on account of the sudden retaliation to the attack allegedly made by the deceased, 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 No.1, Thirupattur, Thiruapttur 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 petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20907 of 2026 [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 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 petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 03.08.2026 skr Note: 1. 03.08.2026 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.20907 of 2026 To 1. The learned Judicial Magistrate No.1, Tirupattur. 2. The Superintendent, Central Prison, Vellore 3. The Inspector of Police, Tirupattur Town Police Station, Tirupattur District. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20907 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.20907 of 2026 03.08.2026 6/6 https://www.mhc.tn.gov.in/judis