Citation : 2026 Latest Caselaw 2635 Mad
Judgement Date : 20 May, 2026
CRL OP(MD). No.9603 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 20/05/2026
PRESENT
The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD). No.9603 of 2026
Suresh
... Petitioner/Accused
Vs
State of Tamilnadu Rep by
Inspector of Police,
Kovilpatti East Police Station,
Thoothukudi District.
(In Crime No. 248/2025).
... Respondent/Complainant
For Petitioner : Mr.S.Vishnuvardhan,
For Respondent : Mr.R.Meenakshi Sundaram,
Additional Public Prosecutor
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-
To enlarge the petitioner / accused on bail in connection with the SC No.
279/2025, learned II Additional District and Sessions Judge,
Thoothukudi in Crime No. 284/2025 on the file of the respondent police.
1/6
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.9603 of 2026
ORDER :
The Court made the following order :-
The petitioner, who was arrested on 02.06.2025 and who is facing
trial in S.C.No.279 of 2025 on the file of the II Additional District and
Sessions Court, Thoothukudi District, for the offences under Sections
3(5), 126(2), 296(b), 103(1), 351(3) BNS @ 191(2), 191(3), 3(5), 126(2),
296(b), 103(2), 351(3), 61(2) BNS in Crime No.248 of 2025 on the file
of the respondent Police, seeks bail.
2. The case of the prosecution is that due to previous enmity
between the deceased and the accused persons, on 01.06.2025, the
petitioner, along with other accused persons, waylaid the deceased,
abused him in filthy language, and assaulted him with an aruval, which
resulted in his death. 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 has been impleaded as an accused based
on the confession of co-accused. He further submitted that the petitioner
is ready and willing to abide by any conditions which may be imposed by
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this Court and he is in judicial custody from 02.06.2025. In this case, co-
accused has already been enlarged on bail by this Court. Hence, he seeks
bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that in this
case investigation is pending, the offences are grave in nature and
hence, he strongly opposed to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the
case, considering the nature of offence and considering the period of
incarceration suffered by the petitioner and also considering the fact that
co-accused has already been enlarged on bail by this Court, this Court is
inclined to grant bail to the petitioner, subject to the following
conditions:
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 II Additional District and
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Sessions Judge, Thoothukudi and on further conditions that :-
[a] the sureties shall affix their photographs and
Left Thumb Impression in the surety bond and the
Judge may obtain a copy of their Aadhar card or Bank
pass Book to ensure their identity.
[b] the petitioner shall stay at Villupuram and report
before the Inspector of Police, Villupuram Town Police
Station, Villupuram, daily at 10.30 a.m., until further
orders. No request for relaxation shall be entertained
in the next three months.
[c] the petitioner shall not abscond either during
investigation or trial.
[d] the petitioner shall not tamper with evidence or
witness either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the
learned Judge/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 Judge/Trial
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Court himself as laid down by the Hon'ble Supreme
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW
5560].
[f] If the accused thereafter absconds, a fresh FIR can
be registered under Section 269 BNS.
(R V J) 20.05.2026 PNM
TO
1. The II Additional District and Sessions Judge, Thoothukudi.
2. Do-Through The Chief Judicial Magistrate, Tuticorin District.
3. The Superintendent, Central Prison, Palayamkottai, Tirunelveli.
4. Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J
PNM
ORDER IN
Date : 20/05/2026
https://www.mhc.tn.gov.in/judis
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