Esakkiraja v. State Of Tamilnadu Rep By Inspector Of Police, Thalamuthunagar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Esakkiraja, S/o. Gunasekar, No.14/960, Sameerviyas, Siluvaipatti, Mappilaiurani, Thoothukudi District..

... Petitioner/Accused Vs State of Tamil Nadu Rep. by The Inspector of Police, Thalamuthunagar Police Station, Thalamuthunagar, Thoothukudi District.

(Crime No.710/2025).

... Respondent/Complainant For Petitioner : Mr.N.Pragalathan, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/7

PRAYER :- For Bail in Crime No.710/2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 15.10.2025 for the offences punishable under Section 103(1) of BNS in Crime No.710 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the father of the deceased and that the deceased and the accused are friends and that prior to the occurrence the accused and the deceased had dispute regarding a lady matter at the time of the function in A1's family, due to that the accused have planned to murder the deceased, accordingly on the date of occurrence the accused took the deceased to a secluded place and attacked him with knife and murdered him. Hence, the complaint.

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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 15.10.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there are totally four accused in this case and the co-accused was granted bail. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the fact that the coaccused was 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 3/7

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.II, Thoothukudi, 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;

[b] the petitioner shall report before the learned Judicial Magistrate, Thoothukudi daily at 10.30 a.m., and also before the respondent police daily at 5.30 p.m., until further orders;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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[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) 28.01.2026 PJL TO

1. Judicial Magistrate No.II, Thoothukudi, Thoothukudi District.

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

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3. The Superintendent, Central Jail, Palayamkottai, Tirunelvlei District.

4. The Inspector of Police, Thalamuthunagar Police Station, Thalamuthunagar, Thoothukudi 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.1476 of 2026 Date : 28/01/2026 7/7