M.Sankar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 09.12.2025 for the alleged offences under Sections 103(1) of Bharatiya Nyaya Sanhita, 2023 and it was altered under Sections l03(l), 309(4), 311, 238 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.516 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner is having illicit relationship with the deceased. It is stated that that the petitioner is a police and he promised the deceased that he will secure Government job and collected money from her. Thereafter, neither secured the job nor returned the money. On the date of occurrence, the petitioner abducted her after consuming liquor, thereafter murdered her by strangulation and thrown the body in the nearby dam. It is further alleged that the petitioner has also stolen the gold jewels of the deceased. Hence, the case.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged. It is submitted that the entire case has been falsely foisted against him without any basis. The learned counsel would further submit that the petitioner has been in incarceration since 09.12.2025. It is also submitted that the investigation has been completed and charge sheet has been filed and taken on file as PRC No.10 of 2026. The learned counsel would further contend that no further custodial interrogation is required. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent opposed the bail petitioner and submitted that the petitioner is involved in a serious offence of murder and the case came to light based on the complaint given by the Village Administrative Officer. It is further submitted that investigation has been completed and charge sheet has been filed. The learned Government Advocate would submit that the offence is grave in nature. However, it is fairly submitted that the final report has already been filed and the case has been taken on file as P.R.C.No.10 of 2026.

I have given anxious consideration to the submissions made by the learned counsel on either side.

From the submission of the learned counsel on either side, this Court is of the view that the petitioner has been in incarceration since 09.12.2025. Since the investigation has been completed and the charge sheet has been filed and taken on file as PRC No.10 of 2026, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate, Kangayam, Tiruppur 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 twice a day at 10.30 a.m. and 05.30 p.m. for a period of one month and thereafter as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[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 petitioners 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.