Jothulingam v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Jothulingam ..Petitioner(s) Vs State rep by the Inspector of Police, Pollachi East Police Station, Pollachi Taluk, Coimbatore Cr.No.146 of 2026 ..Respondent(s) Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in Cr.No.146 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.C.S.Jeeva Kuralmudhu For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 30.04.2026 for the offences punishable under Section 105 and 49 of BNS Act and Section 12 of TN Gaming and Police Laws (Amendment) Act, 2012 in Cr.No.146 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased had tied a knife to the leg of his rooster's and thereafter, the petitioner and the deceased engaged in a rooster fight. During the said fight, the petitioner's rooster had inflicted three deep incised injuries on the thigh of the deceased. Subsequently, the deceased was taken to the hospital for treatment, however, he succumbed to the injuries. Hence, the case.

3. The learned counsel for the petitioner would contend that the petitioner is under judicial custody since 30.04.2026. He further submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there is no previous case as against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.

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

6. Considering the rivals submissions made on both sides, the nature of offence and the fact that there is no previous case against the petitioner and also

taking into consideration the period of incarceration 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 learned Judicial Magistrate No.I, Pollachi and on further conditions that:

[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 she is accused, or suspected, or of the commission of which 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 B.N.S.2023.

14-05-2026 Anu 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.I, Pollachi

2. The Inspector of Police Pollachi East Police Station, Pollachi Taluk, Coimbatore

3. The Superintendent Sub Jail, Pollachi.

4. The Public Prosecutor, Madras High Court.

P.DHANABAL, J.

Anu 14-05-2026