Authority: High Court of Judicature at Madras

Order Date: 28-08-2026

Case Overview

  • Parties: Petitioner Tharunkumar (represented by M/s.S.Sengkodi) vs. The State represented by Inspector of Police, Karuppur Police Station, Salem (Crime No.173/2026).
  • Nature of Proceeding: Criminal Original Petition filed under Section 483 of the Bharatiya Nyaya Sanhita (BNS) 2023 seeking bail.
  • Allegations: Accused of offences under Sections 191(2), 191(3), 296(b), 115(1), 118(1), 109 of BNS, later altered to Sections 296(b), 115(2), 118(1), 103(2). The prosecution alleges that, motivated by prior enmity, the petitioner and co‑accused used wooden logs and stones to assault the de‑facto complainant’s husband, brother‑in‑law, and a person named Sasikumar, threatening them and causing fatal injuries that led to the husband’s death.
  • Procedural History: Petitioner arrested and remanded to judicial custody on 28‑06‑2026. Co‑accused A1, A2, A6 and A7 were granted bail by the Principal Sessions Judge, Salem, in Crl.M.P.Nos. 2177, 2121 & 2135 of 2026 on 27‑08‑2026, 19‑08‑2026 and 20‑08‑2026 respectively.
  • Investigative Status: Investigation completed; charge sheet not yet filed.
  • Arguments: Petitioner's counsel argued innocence, lack of specific overt acts in FIR, and that co‑accused have already been released on bail. Government Advocate contended petitioner is the mastermind and opposed bail.

Final Outcome

  • The Court, considering the completed investigation, pending charge sheet, and the fact that co‑accused are on bail, ordered the petitioner to be released on bail.
  • Bond: Rs 25,000 (Rupees Twenty‑Five Thousand only) with two sureties of equal amount, to be approved by the learned Principal Session Judge, Salem.
  • Conditions:

a) Sureties must affix photographs and left thumb impressions on Judicial Form No.46; Magistrate to verify identity.

b) Petitioner must report daily before the respondent police at 10:30 a.m. until further orders.

c) Petitioner must not abscond during investigation or trial.

d) Petitioner must not tamper with evidence or witnesses.

e) Breach of any condition empowers the Magistrate/Trial Court to take action as per law, referencing Supreme Court precedent P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

f) If petitioner absconds, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

  • The order directs the Registry to upload the order on the Court’s official website with watermark and QR code.

Topics: Bail, Criminal Procedure, Bharatiya Nyaya Sanhita