Citation : 2026 Latest Caselaw 2034 Mad
Judgement Date : 20 April, 2026
CRL OP(MD). No.7556 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20/04/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No.7556 of 2026
Vignesh ... Petitioner/Accused No.5
Vs
State of Tamilnadu Rep by,
The Inspector of Police,
Vallathirakottai Police Station,
Pudukkottai District.
Crime No.5 of 2026. ... Respondent/Complainant
PRAYER :-
To enlarge the petitioner on bail in P.R.C.No.18 of 2026 on the
file of Judicial Magistrate Court No.1, Pudukottai in Crime no.5 of
2026 on the file of the Respondent.
For Petitioner : R.Mohanasundaram,
Advocate.
For Respondent : Mr.B.Nambi Selvan,
Additional Public Prosecutor
ORDER :
The Court made the following order :-
The petitioner / Accused, who was arrested and remanded to
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judicial custody on 12.01.2026 for the offences punishable under
Sections 191(2), 191(3), 126(2), 296(b) and 103(1) of BNS, 2023, in
Crime No.5 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the complainant is the brother
of the deceased. On 12.01.2026 at about 06.00 a.m, the petitioner and
other accused are said to have attacked the deceased with pattakathi and
caused grievous injuries. Thereafter, the deceased was taken to the
hospital. However, he died. Hence, this case.
3. The learned counsel appearing for the petitioner would submit
that the petitioner is innocent and he was falsely implicated in this case
and he has not committed any offence as alleged by the prosecution. He
would further submit that the co-accused were already released on bail by
this Court and no previous case is pending against the petitioner and the
investigation was already completed and the case is pending for
committal and he has been arrested and remanded to judicial custody on
12.01.2026. Therefore, prayed to grant bail for the petitioner.
4. The learned Additional Public Prosecutor appearing for the
respondent strongly opposed to grant bail to the petitioner on the ground
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that it is a case of murder and hence, the offence is grave in nature. He
would further submit that the investigation was completed and now the
case is pending for committal.
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 already investigation was completed
and the case has been pending for committal and already the co-accused
were released on bail by this Court and no previous case is pending
against the petitioner and 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 Judicial
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Magistrate No.I, Pudukkottai, and on further conditions that:
[b] the petitioner shall report before the Judicial
Magistrate No.I, Pudukkottai, 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 he/she is accused, or suspected, or of the
commission of which he/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 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
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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) 20.04.2026 dss
To
1.The Judicial Magistrate No.I, Pudukkottai.
2.The Inspector of Police, Vallathirakottai Police Station, Pudukkottai District.
3. The Superintendent, Sub Jail, Pudukkottai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
P. DHANABAL,J
DSS
ORDER IN
Date : 20/04/2026
https://www.mhc.tn.gov.in/judis
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