Shankar vs The State Rep. by, The Deputy Superintendent of Po

Court
Madras High Court

CRL A No.1367 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-11-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL A No. 1367 of 2026
CNR: {HCMA012510082026}
1. Shankar
S/o. Chinnadurai,
171, Mettu Street, Kilandur,
Arakkonam Taluk, Ranipet District.
2. Kavitha
W/o Shankar,
171, Mettu Street,
Kilandur, Arakkonam Taluk,
Ranipet District.
...Appellants/Accused
Vs
1. The State Rep. by,
The Deputy Superintendent of Police,
Arakkonam Circle,
Ranipet District.
2. The Inspector of Police,
Arakkonam Taluk Police Station,
Arakkonam, Ranipet District.
Crime No.323 of 2026.
3. Rajesh
S/o. Manivel,
No.09, Gowthamapuram,
Kainoor, Arakkonam Taluk,
Ranipet District,
Tamil Nadu – 631 003.
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CRL A No.1367 of 2026
4. Shanthi
W/o. Late.Latchmanan,
No.3/103, Arunthathiyar Colony,
P.T.Putur, Karthikeya Puram,
Tituttani Taluk, Thiruvallur District.
...Respondents
Prayer : The Criminal Appeal is filed under Section 14A of the Scheduled
Castes and Schedule Tribes Amendment Act 2015, to set aside the order
passed by the Court of Sessions Division of Ranipet District in
Crl.MP.No.1319 of 2026 dated. 19.09.2026 (wrongly mentioned as
19.08.2026 in the petition) and enlarge the appellants on bail concerned
in Cr.No.323 of 2026 on the file of Inspector of Police, Arakkonam Taluk
Police Station, Arakkonam, Ranipet District.
For Appellants: Mr.K.Balasubramaniam
For Respondents: Ms.Sharada Vivek
Additional Public Prosecutor for R1 and R2
Mr.A.Asai Thambi
for R4
---
Court Notice Service Awaited For R3
Private Notice Permitted - Proof Not Filed
JUDGMENT
The Criminal Appeal challenges the order passed by the learned
Principal Sessions Judge, Ranipet dismissing the appellants’ bail
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CRL A No.1367 of 2026
application filed in Crime No.323 of 2026 registered for the offences
under Section 103(1) of BNS, 2023 @ 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 appellants are arrayed as
A1 and A2 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
appellants along with the other accused caused the death of the deceased.
3(a). The learned counsel for the appellants/A1 and A2, would
submit that the appellants sought for bail before the Sessions Court,
which came to be dismissed by the impugned order, on the ground that
the appellants are 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 only to the guilt of the
appellants.
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CRL A No.1367 of 2026
(b). The learned counsel for the appellants further submitted that
co-accused/A3 was granted bail by this Court in Crl.A.No.1227 of 2026
dated 16.10.2026.
4. The learned Additional Public Prosecutor for the respondents 1
and 2, per contra submitted that the final report has been filed; and that
the appellants have caused the death of the deceased and there are
circumstances to prove the case.
5.The learned counsel for the de-facto complainant/mother of the
deceased would submit that the appellants had committed a heinous
offence and therefore, bail ought not to be granted to them.
6.Admittedly, after the bail was dismissed by the trial Court, the
respondent police have now filed the final report, which is yet to be taken
on file. The case is based on circumstantial evidence. It has to be
examined during trial as to whether the circumstances are sufficient to
hold the appellants guilty of the alleged offences. The appellants are in
custody since 10.07.2026. This Court has granted bail to
the co-accused/A3 in Crl.A.No.1227 of 2026 dated 16.10.2026. The
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CRL A No.1367 of 2026
appellants have to defend their case effectively and since further
incarceration is not required for the purpose of investigation, this Court is
inclined to release the appellants on bail, on the following conditions;
(i) The appellants shall each execute a bond for a
sum of Rs.25,000/- (Rupees Twenty Five
thousand only) each, with two sureties each for a
like sum to the satisfaction of the Court of
Sessions Division of Ranipet District;
(ii) the appellants 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 appellants 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 appellants shall not commit any offence of
similar nature;
(vi) the appellants shall not abscond either during
investigation or trial;
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CRL A No.1367 of 2026
(vii)the appellants shall not tamper with evidence
or witnesses 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 Supreme Court in P.K.Shaji
vs. State of Kerala [(2005)AIR SCW 5560] ;
(ix)i f the appellants 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.1319 of 2026 in Crime No. 323 of 2026 passed
by the learned Principal Sessions Judge, Court of Sessions Division of
Ranipet District, is set aside and the Criminal Appeal is allowed.
12-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Note: Issue order copy today.
dk
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CRL A No.1367 of 2026
To
1. The Principal Sessions Judge,
Court of Sessions Division of Ranipet District.
2. The Deputy Superintendent of Police,
Arakkonam Circle,
Ranipet District.
3.The Inspector of Police,
Arakkonam Taluk Police Station,
Arakkonam, Ranipet District.
4.The Superintendent of Prison,
Central Prison, Vellore.
5. The Public Prosecutor,
High Court of Madras.
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CRL A No.1367 of 2026
SUNDER MOHAN, J.
dk
CRL A No. 1367 of 2026
12-11-2026
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