Shijin v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Shijin ... Petitioner/Accused Vs The State of Tamilnadu, Rep by the Sub Inspector of Police, Kaliyakkaviali Police Station, Kanyakumari District.

Crime No.352/2025..

... Respondent/Complainant For Petitioner : SC.Herold Singh, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-6B For Bail in Crime No.352/2025 on the file of the respondent Police.

ORDER : The Court made the following order :- 1/6

The petitioner, who was arrested and remanded to judicial custody on 04.12.2025 for the offences punishable under Sections 194 of BNS(u/s 174 of Cr.P.C) @ 103(1) of BNS (u/s 302 IPC) in Crime No.352 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to some wordy quarrel arose in the private bar where the petitioner and other accused along with the deceased were consumed liquor, the petitioner and A1 attacked the deceased and caused injuries and he died. 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 the petitioner is in judicial custody from 04.12.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has no previous cases. 2/6

However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the co-accused were already granted bail 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari 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;

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[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.

27.01.2026 PJL 4/6

TO

1. Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District.

2. Do-Through The Chief Judicial Magistrate, Kanyakumari District.

3. The Superintendent, District Jail, Nagercoil.

4. The Sub Inspector of Police, Kaliyakkaviali Police Station, Kanyakumari District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.1424 of 2026 Date : 27/01/2026 6/6