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Madras High CourtCRL OP(MD)/226/2026granted

Balavignesh v. State Of Tamilnadu Rep By Inspector Of Police, Authoor

2026-01-08Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.226 of 2026 Balavignesh ... Petitioner/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Authoor Police Station, Authoor, Thoothukudi District.

(Crime No.230 of 2025) ... Respondent/Complainant For Petitioner : Mr.B.Jeyakumar For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.230 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 13.10.2025 for the offences punishable under Sections 109(1) of BNS r/w 103(1), 126(2), 49(b), 61(2) of BNS, in Crime No. 230 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, due to a previous motive, the petitioner and the other accused persons stabbed 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 co-accused had already been granted bail by this Court in Crl.OP(MD).No.21797 of 2025 dated 12.12.2025. He further submitted that the petitioner is in judicial custody from 13.10.2025. Hence, he seeks bail to the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) submitted that the offences committed by the accused are serious in nature. He further submitted that no previous case is pending against the petitioner. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the fact that no previous case is pending against the petitioner 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) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court, Tiruchendur, Thoothukudi District, 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. 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 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 [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 08.01.2026 msrm 4/6

To

1. The Judicial Magistrate Court, Tiruchendur, Thoothukudi District.

2. The Superintendent, Central Prison, Thoothukudi, Thoothukudi District.

3. The Inspector of Police, Authoor Police Station, Authoor, Thoothukudi District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.226 of 2026 Date : 08.01.2026 6/6