Sampath @ Sampathkumar Nagarajanb vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 26.12.2025 for the alleged offences under Sections 296(b) & 103 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.532 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the de-facto complainant is the wife of the deceased. The deceased had borrowed a sum of Rs.34,000/- from A1 and there was a money dispute. On 24.12.2025, all the accused including this petitioner allegedly conspired together, called the deceased to Ponnarikarai Flyover and questioned him. During the occurrence, one accused stabbed the deceased with a knife while the others, including the petitioner allegedly caught hold of him. The deceased later succumbed to injuries. Hence, the case was registered.

The learned counsel appearing for the petitioner submitted that the petitioner is arrayed as A3 and he has been falsely implicated in this case. The learned counsel would further submit that the petitioner has been in incarceration since 26.12.2025 and has undergone considerable period of custody. It is also submitted that the co-accused have already been enlarged on bail by this Court in Crl.O.P.No.6240 of 2026 dated 11.03.2026. The learned counsel would further contend that the investigation has been completed and 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 submitted that the petitioner along with other accused was involved in the occurrence and the offence is serious in nature. It is further submitted that the petitioner had participated in the crime along with other accused. However, the learned Government Advocate fairly submitted that the investigation has been completed and the co-accused have already been released on bail. However, he opposed to grant bail to the petitioner.

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

Considering the submission of the learned counsel on either side, this Court is of the view that the petitioner is A3 and has been in incarceration since 26.12.2025. It is further seen that the co-accused have already been enlarged on bail in Crl.O.P.No.6240 of 2026 dated 11.03.2026 and the investigation has also been completed. Considering the long incarceration of the petitioner since 26.12.2025 and the investigation has already been completed, this Court is inclined to enlarge the petitioner on bail, 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-II, Kanchipuram, 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. until further orders.

[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.

It is made clear that no petition seeking relaxation of the above conditions shall be entertained within a period of sixty (60) days from the date of release of the petitioner.