CRL A/1227/2026 of A.Honest Vs State rep by Deputy Superintendent of Police on 16 October 2026

JUDGMENT

The appeal challenges the order passed by the learned Principal Sessions Judge, Ranipet dismissing the appellant's bail application filed in Crime No. 323 of 2026 registered for the offences under Section 103(1) of BNS Act @ Sec.103(1) of BNS 2023 & Sec.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST(POA) Act, 1989.

2. The case of the prosecution is that the appellant is arrayed as A3 in the final report; that A1 is the husband of A2; that A1 was unable to perform his marital obligations pursuant to a snake bite; that therefore, A2 had illicit relationship initially with one person and then with the deceased; that the deceased taking advantage of the same, had caused trouble to A2, as a result of which, she informed A1; and that the appellant being A1's friend, entered into a conspiracy with A1 and A2 and caused the death of the deceased.

3. The learned counsel for the appellant would submit that the appellant sought for bail before the Sessions Court, which came to be dismissed by the impugned order, on the ground that the appellant is accused of serious offence of murder; that the final report has now been filed; that the case is based on circumstantial evidence; and the circumstances do not point out to the guilt of the appellant.

CRL A No. 1227 of 2026

4. The learned Additional Public Prosecutor per contra submitted that the final report has been filed; that the evidence discloses that the appellant has used his auto for the commission of the offence.

5. The learned counsel for the defacto complainant/mother of the deceased would submit that the appellant has committed a heinous offence and therefore, bail ought not to be granted to him.

6. Admittedly, after the bail was dismissed by the trial Court, the respondent have now filed the final report, which is yet to be taken on file. The case is based on circumstantial evidence. The appellant is in custody since 10.07.2026. It has to be examined during trial as to whether the circumstances are sufficient to hold the appellant guilty of the offence. The appellant has to defend his case effectively and since further incarceration is not required for the purpose of investigation, this Court is inclined to release the appellant on bail, on the following conditions;

(i) The appellant shall each execute 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 Court No.1, Arakkonam, Ranipet District;

CRL A No. 1227 of 2026

(ii) the appellant and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity;

(iii) the appellant shall appear before the trial Court on every Monday at 10.30 a.m. and on all hearings;

(iv) the respondent police is directed to ensure that there is no threat to the life and safety of the de-facto complainant. In the event of any threat, appropriate steps to be taken.

(v) the appellant shall not commit any offences of similar nature;

(vi) the appellant shall not abscond either during investigation or trial;

(vii) the appellant shall not tamper with evidence or witness either during investigation or trial;

(viii) on breach of any of the aforesaid conditions, the learned Sessions Judge/Trial Court is entitled to take appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellant released on bail by the learned Sessions Judge/Trial Court himself as laid down by the Hon'ble

CRL A No. 1227 of 2026

Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(ix) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

7. In view of the above, the impugned order, dated 19.09.2026 in Crl.M.P.No.1286 of 2026 in Crime No. 323 of 2026 passed by the learned Court of Sessions Division of Ranipet District, is set aside and the Criminal Appeal is allowed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Issue order copy on 16.10.2026. TSG To

1. The Deputy Superintendent of Police, Arakkonam Taluk Police Station, Arakkonam, Ranipet District.

2. The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

3. The Court of Sessions Division of Ranipet District.

4. The Superintendent, Central Prison, Vellore.

5. The Public Prosecutor, Madras High Court.

CRL A No. 1227 of 2026

SUNDER MOHAN, J. TSG CRL A No. 1227 of 2026 16-10-2026