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Judgment
The petitioner, who was arrested and remanded to judicial custody on 19.01.2026 for the alleged offence under Sections 191(2), 191(3), 103(1) r/w 190 and 61(2) of BNS, in Crime No.10 of 2026 on the file of the respondent police, seeks bail.
The case of the prosecution is that, due to prior enmity, the petitioner along with other accused formed an unlawful assembly and armed with dangerous weapons, brutally attacked the defacto complainant’s son, inside the KMC hospital premises and murdered him. Hence, the case.
The learned counsel for the petitioner submitted that this is the second bail application filed by the petitioner. He further submitted that the co-accused A5 to A12 have already been released on bail by the learned Sessions Judge, Chennai. He further submitted that the order of preventive detention on the petitioner came to be quashed by the Hon’ble High Court in HCP.No.580 of 2026. Hence, he prays to grant bail to the petitioner.
The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that this is a heinous case of pre-planned murder executed inside a hospital zone. He further submitted that the petitioner is ranked as A2 and that he has two previous cases pending against him. He further submitted that the investigation completed and the charge sheet has also been filed. Hence, he opposed the grant of bail to the Petitioner.
I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.
Considering the submissions made by the learned counsel on either side, it is seen that the petitioner has two previous cases pending against him. Though the investigation was completed and the charge sheet has been filed, considering the brutal nature of the offence, the specific allegations against the petitioner and his criminal antecedents, this Court is not inclined to grant bail to the petitioner. Further, it is seen that the co-accused, who were granted bail, failed to co-operate with the trial and avoided appearing before the Court. Hence, this Court is not inclined to enlarge the petitioner on bail.
Accordingly, this Criminal Original Petition is dismissed.