Sakthivel vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 2368 Mad

Citation : 2026 Latest Caselaw 2368 Mad
Judgement Date : 6 May, 2026

[Cites 1, Cited by 0]

Madras High Court

Sakthivel vs State Of Tamilnadu Rep By Inspector Of ... on 6 May, 2026

Author: S.Srimathy

Bench: S.Srimathy

                                                                            CRL OP(MD). No.9026 of 2026

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                ( Criminal Jurisdiction )

                                                      Date : 06.05.2026

                                                         PRESENT

                                  THE HONOURABLE MRS. JUSTICE S.SRIMATHY

                                             CRL OP(MD)No.9026 of 2026

                     Sakthivel                                        ... Petitioner / A5


                                                               Vs.
                     The State of Tamilnadu,
                     Rep by the Inspector of Police,
                     Karaikudi North Police Station,
                     Sivagangai District.
                     (Crime No.155 of 2025)                          ... Respondent / Complainant


                     PRAYER :- Criminal Original Petition filed under Section 483 of the
                     BNSS, 2023, to enlarge the petitioner on bail in S.C.No.160 of 2025 on
                     the file of the learned Additional District Court, Sivagangai arising out of
                     Crime No.155 of 2025 on the file of the respondent police.


                                     For Petitioner      :     Mr.K.Dhanush

                                     For Respondent      :     Mr.E.Antony Sahaya Prabahar,
                                                               Additional Public Prosecutor



                     1/6




https://www.mhc.tn.gov.in/judis
                                                                            CRL OP(MD). No.9026 of 2026

                     ORDER :

The Court made the following order :-

The petitioner/A5, who was arrested and remanded to judicial

custody on 21.03.2025 for the offences punishable under Sections

191(2), 191(3), 126(2), 109(1) and 103(2) of the Bharatiya Nyaya

Sanhita, 2023, which were subsequently altered to Sections 191(2),

191(3), 126(2), 109(1), 103(2), 61(2) and 3(5) of the Bharatiya Nyaya

Sanhita, 2023, in S.C.No.160 of 2025 on the file of the learned

Additional District Court, Sivagangai, arising out of Crime No.155 of

2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there was previous enmity

between the father of the first accused and one Prakash, as a result of

which, the said Prakash and his henchmen have murdered the father of

the first accused. In retaliation, on 21.03.2025, the petitioner along with

some other accused persons have murdered the son of the defacto

complainant. Hence the case.

3. The learned counsel for the petitioner submitted that the

petitioner is an innocent person and he has not committed any offences as

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alleged by the prosecution. He further submitted that the petitioner has

been in judicial custody from 21.03.2025. He further submitted that the

co-accused have already been granted bail by this Court in

Crl.OP(MD).Nos.3592 of 2026 and 4532 of 2026 dated 27.04.2026.

Hence, he prayed for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the

petitioner has been arrayed as A5. He confirmed the fact that the co-

accused have already been granted bail by this Court in Crl.O.P.(MD)

Nos.3592 of 2026 and 4532 of 2026, dated 27.04.2026. He further

submitted that the petitioner has 2 previous cases to his credit and,

therefore, opposed the grant of bail.

5. Taking into consideration the facts and circumstances of the

case, the fact that the co-accused have already been released on bail by

this Court, and also the period of incarceration suffered by the petitioner,

this Court is inclined to grant bail to the petitioner, subject to certain

conditions.

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6. Accordingly, this Criminal Original Petition is allowed and the

petitioner is ordered to be released on bail on executing 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 Additional District Judge,

Sivagangai, and on further conditions that :-

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall report before the Trial Court on all working days at 10.30 a.m. until further orders.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance

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with law as if the conditions have been imposed and the petitioner is 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].