Sivalingam vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 2036 Mad

Citation : 2026 Latest Caselaw 2036 Mad
Judgement Date : 20 April, 2026

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Madras High Court

Sivalingam vs State Of Tamilnadu Rep By Inspector Of ... on 20 April, 2026

                                                                                 Crl.O.P.(MD)No.7533 of 2026

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                ( Criminal Jurisdiction )

                                                   Date : 20.04.2026

                                                       PRESENT

                                  THE HONOURABLE MR. JUSTICE P. DHANABAL

                                            CRL OP(MD). No. 7533 of 2026

                Sivalingam                                                  ...Petitioner
                                                      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.D.Rameshkumar
                                                   Advocate.
                                  For Respondent : Mr.B.Nambi Selvan
                                                   Additional Public Prosecutor

                      PETITION FOR BAIL Under Sec.483 of BNSS

                PRAYER :-

                    For Bail in Cr.No. 802 of 2025 on the file of the respondent police.

                ORDER :

The Court made the following order :-

The petitioner / Accused, who was arrested and remanded to judicial

custody on 15.09.2025 for the offences punishable under Sections 103 &

126(2) of BNS @ Sections 103(1), 126(2), 49 and 61(2)(a) of BNS Act, in

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Crime No.802 of 2025 on the file of the respondent police, seeks bail.

2. 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 accused along with

other accused persons 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 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. There is no specific overt

act against the petitioner. There is business motive between A5 and the

deceased. He would further submit that he has been arrested and remanded to

judicial custody on 15.09.2025. Co-accused in this case was already released

on bail. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent

would submit that the offence are grave in nature. Due to the business motive,

A5 arranged this petitioner and other accused persons to commit murder.

Accordingly, they intercepted the deceased and assaulted him with deadly

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weapon and committed murder. Thereby he died on the spot. There is no

previous case against the petitioner. Investigation has been completed and the

charge sheet was filed and the case is pending trial in S.C.No.35 of 2026 on the

file of the VI Additional District and Sessions Judge, Madurai. Hence, he

vehemently opposed the grant of bail to the petitioner. However, he submits

that the co-accused in this case has been released on bail.

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, considering the nature of charges levelled against the petitioner, the

investigation has been completed and charge sheet has also been filed and the

case is now pending for trial in S.C.No.35 of 2026, already co-accused was

granted bail, that there is no previous case 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

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satisfaction of the learned Judicial Magistrate No.IV, Madurai, and

on further conditions that:

[b] the petitioner shall report before the trial Court namely VI

Additional District and Sessions Court, Madurai, at 10.30 a.m., on all

working days, 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 as laid down by the Hon'ble Supreme

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

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[g] If the accused thereafter absconds, a fresh FIR can be

registered under Section 269 BNS.