S.Maridurai v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Mallanginar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY S.Maridurai ... Petitioner/Accused Vs State of Tamilnadu Rep by The Sub Inspector of Police, Mallanginar Police Station, Kariappatti Taluk, Virudhunagar District.

(Crime No.12/2026).

... Respondent/Complainant For Petitioner : Mr.L. Prabhu, Advocate.

For Respondent : Mr.E.Antony Shaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.12/2026 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 11.01.2026 for the offences punishable under Sections 329(3), 296(b), 115(2), 351(3) and 308(5) of BNS, 2023 in Crime No.12 of 2026 on the file of the respondent seeks bail.

2. The case of the prosecution is that due to property dispute, the petitioner herein is said to have trespassed into the land belonging to the defacto complainant and abused him in filthy language. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 11.01.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that 2/6

there are 9 previous cases pending against the petitioner, out of which, 3 cases are for the same issue and no one has sustained injury in the said occurrence. He would further submit that investigation of the case is pending and hence, he opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that the civil suit is pending between the parties and that no one has sustained injury in the said occurrence 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 learned Munsif Cum Judicial Magistrate Court, Kariapatti, Virudhunagar District, 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 3/6

to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner 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 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].

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

(S S Y J) 12.02.2026 TRP TO

1. The Munsif Cum Judicial Magistrate Court, Kariapatti, Virudhunagar District, 4/6

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

3. The Superintendent, Sub Jail, Aruppukkottai.

4. The Sub Inspector of Police, Mallanginar Police Station, Kariappatti Taluk, Virudhunagar District.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.1582 of 2026 Date : 12/02/2026 6/6