← Library
Madras High CourtCRL OP(MD)/1594/2026granted

Palanichamy v. State Of Tamilnadu Rep By Inspector Of Police, Kalaiyarkoil

2026-02-11Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Palanichamy ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Kalaiyarkoil Police Station, Sivagangai District.

Crime No.439 of 2025. ... Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.439 of 2025 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 11.12.2025 for the offences punishable under Section 194 of BNSS, 2023 @ Sections 296(b) and 103 (1) of BNS, 2023, in Crime No.439 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the brother of the deceased. The deceased had married Muthupal and was blessed with two children. The deceased was residing opposite to the defacto complainant. On 14.08.2025 at about 5.45 p.m., the wife of the defacto complainant informed him that his sister was unwell, hence, the deceased was taken to the Government Hospital, Maravamangalam, and later referred to the Government Hospital, kalaiyarkovil, where she was declared dead. 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 11.12.2025. Hence, he seeks bail to the 2/6

petitioner.

4. The learned Additional Public Prosecutor submitted that the offence committed by the accused are serious in nature. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case 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 Additional Mahila Court, Sivagangai, 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) 11.02.2026 jbr 4/6

TO

1. The Additional Mahila Court, Sivagangai.

2. The Superintendent, District Prison, Sivagangai.

3. The Inspector of Police, Kalaiyarkoil Police Station, Sivagangai District.

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

5/6

S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.1594 of 2026 Date : 11/02/2026 6/6