Citation : 2026 Latest Caselaw 2060 Mad
Judgement Date : 20 April, 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20/04/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No.7655 of 2026
Valanarasu ... Petitioner/Accused No.2
Vs
State of Tamilnadu Rep by,
The Sub-Inspector of Police,
Vadasery Police Station,
Kanyakumari District.
Crime No.270 of 2025. ... Respondent/Complainant
PRAYER :-
For bail in Crime No.270 of 2025 on the file of the respondent
police.
For Petitioner : Mr.R.Mohanasundaram,
Advocate, for M/s.S.Pillai Monicantan
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
https://www.mhc.tn.gov.in/judis judicial custody on 08.02.2026 for the offences punishable under
Sections 191(2), 296(b) and 103(1) of BNS, 2023, in Crime No.270 of
2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant is the
father of the deceased. The deceased used to consume alcohol with his
friends, who are the petitioner herein and other accused. On 18.07.2025,
after consuming alcohol together, the deceased further consumed alcohol
from the liquor bottles, which were kept in the cover of his bike's petrol
tank and when the same was demanded by the petitioner and other
accused, the deceased refused to give the same. Hence, they assaulted the
deceased by pulling him down from his bike, kicking him, and then
laying him in a nearby temple. When the same was informed to the
defacto complainant through phone. Immediately, the deceased was
taken to the private hospital and thereafter, he was shifted to the
Government Medical College Hospital, Asaripallam, where the doctors
declared that he had 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
https://www.mhc.tn.gov.in/judis and he has not committed any offence as alleged by the prosecution. He
would further submit that the petitioner has been arrested and remanded
to judicial custody on 08.02.2026. Therefore, prayed to grant bail for the
petitioner.
4. The learned Additional Public Prosecutor appearing for the
respondent would submit that there was a wordy quarrel arose between
the accused and the deceased in consuming alcohol. Due to which, the
petitioner attacked the deceased brutally and caused death to him and the
petitioner is having 4 previous cases not similar in nature and A1 & A4 is
still in custody and A5 is absconding and the investigation is almost
completed.
5. This Court heard both sides and perused the materials available
on record.
6. Considering the rival submissions made by the learned counsel
https://www.mhc.tn.gov.in/judis on either side, nature of offence, and there was a wordy quarrel between
the parties and even according to the prosecution, there is no specific
overtact attributed as against the petitioner and the petitioner attacked the
deceased with only bare hands and though the petitioner has 4 previous
cases, that cases are not similar kind of offences and in all cases, he was
released on bail and anticipatory bail and since FIR was registered on
19.01.2026, by this time, the material part of the investigation might have
been completed and considering the period of incarceration undergone by
the petitioner from 08.02.2026 onwards, 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
Magistrate No.II, Nagercoil, and on further conditions that:
[b] the petitioner shall report before the respondent
police daily at 10.30 a.m until further orders;
https://www.mhc.tn.gov.in/judis [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].
[g] If the accused thereafter absconds, a fresh FIR can
be registered under Section 269 BNS.
https://www.mhc.tn.gov.in/judis (P D B J)
20.04.2026 dss
To
1.The Judicial Magistrate No.II, Nagercoil.
2.The Sub-Inspector of Police, Vadasery Police Station, Kanyakumari District.
3. The Superintendent, Sub Jail, Nagercoil, Kanyakumari District.
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
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!