Rajasekar vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 2472 Mad

Citation : 2026 Latest Caselaw 2472 Mad
Judgement Date : 13 May, 2026

[Cites 1, Cited by 0]

Madras High Court

Rajasekar vs State Of Tamilnadu Rep By Inspector Of ... on 13 May, 2026

                                                                             CRL OP(MD). No.9428 of 2026


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     Dated : 13/05/2026

                                                          CORAM

                         THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN

                                               CRL OP(MD). No.9428 of 2026

                     Rajasekar                                  ... Petitioner/Accused No.9

                                                              Vs

                     State of Tamilnadu Rep by,
                     The Inspector of Police,
                     Theni Police Station,
                     Theni District.
                     (Crime No.114 of 2026).                  ... Respondent/Complainant

                     PRAYER :-

                       For Bail in Crime No. 114 of 2026 on the file of the Respondent
                     Police.


                       For Petitioner: Mr.P.Senguttuarasan,
                                        Advocate.
                       For Respondent : Mr.S.Ravi,
                                       Additional Public Prosecutor


                     ORDER :

The Court made the following order :-

The petitioner, who was arrested and remanded to judicial custody

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on 18.04.2026 for the offences punishable under Sections 61(2) and

103(1) of BNS, 2023 @ 103(1),296(b), 49 and 61(2) of BNS, 2023, in

Crime No.114 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that deceased lent money to A1

for which, he pledged his property and subsequently, the deceased has

taken the property through Civil Court decree. Due to this motive, the

accused persons murdered the deceased. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the

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

alleged by the prosecution. He further submitted that the petitioner's

name is not mentioned in the FIR and based on the confession of the co-

accused, he was falsely implicated in this case. He further submitted that

the co-accused were released on bail in Crl.OP(MD)No.5612 of 2026 on

07.04.2026 and A7 & A8 were released on anticipatory bail by this Court

in Crl.OP(MD)No.3807 of 2025 on 23.02.2026 and the petitioner is in

judicial custody from 18.04.2026. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that due to

money dispute, the accused persons murdered the deceased. He further

submitted that the petitioner is the main accused and he along with A1

conspired together and committed murder of the deceased. Hence, he

opposed for grant of bail to the petitioner. However, he fairly conceded

that the co-accused were already released on bail and anticipatory bail by

this Court.

5. Taking into consideration of the facts and circumstances of the

case and also considering the facts that the co-accused were already

released on bail and anticipatory bail by this Court and also considering

the period of incarceration suffered by the petitioner, this Court is

inclined to grant bail to the petitioner, subject to the following

conditions:

6. Accordingly, the petitioner is ordered to be released on bail on

executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)

each with two sureties, each for a like sum to the satisfaction of the

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learned Judicial Magistrate, Theni, 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

respondent Police daily 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

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

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[(2005)AIR SCW 5560];