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Madras High CourtCRL OP(MD)/1355/2026granted

Thangadurai v. State Of Tamilnadu Rep By Inspector Of Police, Panagudi

2026-01-27Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Thangadurai, S/o.Vallipandi, Yathavar Mela Theru, Panagudi, Tirunelveli District.

2. Subbaiah, S/o.Manthiramoorthy, 184/12a,Yathavar Mela Theru, Panagudi, Tirunelveli District.

3. Arumugam @ Manikandan, S/o.Muthaiah, 18/7,Sarvodhaya Street, Panagudi Post,Panagudi, Tirunelveli District 627 109.

4. Suriya, S/o.Vallipandi, Yathavar Mela Theru, Panagudi, Tirunelveli District. ... Petitioners/Accused Nos.1 to 4 Vs 1/6

State of Tamilnadu Rep by The Inspector of Police, Panagudi, Police Station, Tirunelveli District, Crime No.56/2026. ... Respondent/Complainant For Petitioner : Mr.S.Vidhya Sagar, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.56/2026 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 11.01.2026 for the offences punishable under Sections 296(b), 131, 351(3) of BNS Act, 2023, and Section 25(1A) of the Arms Act, 1959, in Crime No.56 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to previous enmity, the petitioners abused the defacto complainant in filthy language and also assaulted him with sword. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the 2/6

petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 11.01.2026. Hence, he seeks bail to the petitioners.

4. The learned Government Advocate (Crl. Side) submitted that there is a specific overt act attributed against the petitioners. He further submitted that there are four previous cases pending against the first petitioner and the investigation is still pending. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, this Petition is allowed and the petitioners are 3/6

ordered to be released on bail on executing a separate 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 learned Judicial Magistrate, Valliyur, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the first petitioner shall report before the respondent Police daily Morning at 10.30. am., and Evening at 5.00 p.m., until further orders and the petitioners 2 to 4 shall report before the respondent Police daily Morning at 10.30 a.m., until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 4/6

appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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) 27.01.2026 vsg TO 1.The learned Judicial Magistrate, Valliyur.

2.The Officer-in-Charge, Nanguneri Prison.

3.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

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S.SRIMATHY,J., vsg

ORDER

IN CRL OP(MD) No.1355 of 2026 Date : 27/01/2026 6/6