Citation : 2026 Latest Caselaw 1801 Mad
Judgement Date : 10 April, 2026
CRL OP(MD). No.7336 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 10.04.2026
PRESENT
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No.7336 of 2026
Kallanai ...Petitioner
/Accused No.5
Vs
State of Tamil Nadu rep. by
The Inspector of Police,
Koodal Pudur Police Station,
Madurai District.
(Crime No.802 of 2025)
...Respondent/Complainant
For Petitioner:Mr.V. Neelakandan
For Respondent:Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-To enlarge the petitioner/A1 on bail in
S.C.No.35 of 2026 on the file of the learned VI
Additional District and Sessions Court, Madurai,
in Crime No.802 of 2025 pending investigation on
the file of the respondent Police.
1/8
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.7336 of 2026
ORDER :
The Court made the following order :-
The petitioner/A5, who was arrested and
remanded to judicial custody on 12.09.2025 for
the offences punishable under Sections 103 and
126(2) of BNS @ 103(1), 126(2), 49, 61(2)(a) of
BNS, in Crime No.802 of 2025 on the file of the
respondent police, seeks bail.
2.The defacto complainant is the wife of the
deceased namely Rajkumar. The case of the
prosecution is that on 12.09.2025, at 08.00 p.m.,
the deceased while returning to his home in a two
wheeler, the petitioner and other accused persons
armed with knife wrongfully restrained the
deceased and assaulted him brutally and caused
injuries all over his body, due to which, he died
on the spot. Hence, the complaint.
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3.The learned counsel for the petitioner
would submit that the petitioner is an innocent
and he was falsely implicated in this case and he
is no way connected in the above said incident.
He has not committed any offence as alleged by
the prosecution. The petitioner has been arrested
and remanded to judicial custody on 12.09.2025.He
would further submit that co-accused was released
on bail. Hence, he prays to grant bail to the
petitioner.
4. The learned Government Advocate (Crl.
Side) appearing for the respondent Police would
submit that the investigation is completed and
charge sheet is filed and the same was taken on
file in S.C.No.35 of 2026 by the learned VI
Additional District and Sessions Court, Madurai,
and the same is pending trial. However, he
strongly opposed to grant bail to the petitioner.
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5. This Court heard both sides and perused
the materials available on record.
6. Considering the rival submissions made by
the learned counsel on either side, nature of
offence, and considering the fact that the
investigation is completed and charge sheet is
filed in S.C.No.35 of 2026 before the learned VI
Additional District and Sessions Court, Madurai,
and the fact that co-accused was released on bail
and also considering the period of incarceration
undergone by the petitioner, this Court is
inclined to grant bail to the petitioner subject
to the following conditions:
[a] Accordingly, the petitioner is
ordered to be released on bail on
condition to execute a bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only)
with two sureties each for a like sum to
the satisfaction of the learned Judicial
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Magistrate No.II, Madurai, and on further
conditions that:
[b] the petitioner shall report before
the learned VI Additional District and
Sessions Court, Madurai, on all working
days at 10.30 a.m., until further orders.
[c] the petitioner shall not commit
any offence similar to the offence of
which she is accused, or suspected, or of
the commission of which she is suspected;
[d] the petitioner shall not abscond
either during investigation or trial;
[e] the petitioner shall not directly
or indirectly make any inducement, threat
or promise to any person acquainted with
the facts of the case so as to dissuade
her from disclosing such facts to the
Court or to any police officer or tamper
with the evidence;
[f] On breach of any of the aforesaid
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conditions, the learned Judicial
Magistrate/Trial Court is entitled to take
appropriate action against the petitioner
in accordance with law as if the
conditions have been imposed and the
petitioner released on bail by the learned
Magistrate/Trial Court himself as laid
down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR
SCW 5560].
[g] If the accused thereafter
absconds, a fresh FIR can be registered
under Section 269 BNS.
(P D B J)
10.04.2026 aav
https://www.mhc.tn.gov.in/judis
To
1.The learned VI Additional District and Sessions Court, Madurai.
2. The Judicial Magistrate No.II, Madurai
3.The Inspector of Police, Koodal Pudur Police Station, Madurai District.
3.The Superintendent, Central Prison, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
P. DHANABAL, J
aav
ORDER IN
Date : 10.04.2026
https://www.mhc.tn.gov.in/judis
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