Azhagiri @ Alagiri v. State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP NO.12959 of 2026 Azhagiri @ Alagiri ... Petitioner/ Accused Vs The State rep. by, The Sub-Inspector of Police, Perambalur Police Station, Perambalur District.

(Crime No.154 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.154 of 2026 on the file of the respondent police. For Petitioner(s) :

Mr. P. Pugalenthi For Respondent(s) :

Mr. V.J. Priyadarsana Government Advocate (Crl. Side) *******

ORDER

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The petitioner, who was arrested and remanded to judicial custody on 23.03.2026 for the offences punishable under Sections 232 and 351(3) of BNS in Crime No.154 of 2026 on the file of the respondent police, seeks bail. 2.

The case of the prosecution is that on 17.12.2025, at about 09:30 p.m., the petitioner, who is a life convict, contacted the defacto complainant via cell phone and threatened him, stating that he should not give evidence in a murder case pending in the Trichy Court against the third accused. Subsequently, the petitioner's wife (A2) also threatened him, stating that she is A1's wife and that if he gives evidence, he will be murdered by her associates. However, the defacto complainant did not disclose the facts to anyone, on 04.03.2026, he lodged a complaint with the respondent police against the petitioner and two others due to the alleged threat. Hence, this case.

3.

The learned counsel for the petitioner would contend that petitioner is innocent and he has been falsely implicated in this case. He further submitted that the alleged threat was said to have been made on 17.12.2025, however the complaint was lodged after 78 days. He further submitted that the co-accused was already enlarged on bail; that the petitioner is under judicial custody since 23.03.2026; and that the petitioner is ready 2/6

and willing to furnish substantial sureties and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant bail to the petitioner.

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the bail to the petitioner, reiterated the prosecution's case and submitted that the petitioner has three previous cases, including two murder cases.

5.

Heard both sides and perused the materials available on record. 6.

Considering the rival submissions made on either side, the nature of offences, the fact that the co-accused was already released on bail, though the petitioner has previous cases, he was granted bail in all those cases and taking note of the duration of the custody 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 satisfaction of the Judicial Magistrate Court No.1, Perambalur and on further conditions that; 3/6

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he 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 B.N.S.2023.

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14.05.2026 stn Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate No.1, Perambalur.

2. The Sub-Inspector of Police, Perambalur Police Station, Perambalur District.

(Crime No.154 of 2026) P. DHANABAL , J.

stn

3. The Superintendent, Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

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