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Madras High CourtCRL OP(MD)/1693/2026granted

Dinesh v. State Of Tamilnadu Rep By Inspector Of Police, Chinnakovilankulam

2026-01-29Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/01/2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Dinesh

2. Sivasakthi ... Petitioners/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

(Crime No. 177 of 2025).

... Respondent/Complainant For Petitioner : N. Mohideen Basha, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PRAYER :- C-6B. For Bail in Crime No. 177 of 2025 on the file of the respondent Police.

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

The petitioners, who were arrested and remanded to judicial custody on 01.05.2025 for the offences punishable under Sections 296(b), 61(2), 103(1), 3(5) of BNS r/w 61(2) of BNS (Corresponding Sections 294 (b), 120(b), 302, 34 r/w 120-B of IPC) in Crime No. 825 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the deceased Abraham and A4 were in illegal relationship, which was warned by A1 who is the brother-in-law of this petitioner/A3. On this score, on 03.04.2025 A1 and A2 had indiscriminately cut the deceased with aruval. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 01.05.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the 1st petitioner has 3 previous cases and 2nd petitioner has 6 previous cases and the detention order was revoked. 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, the petitioners are 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 Additional District and Sessions Judge(FTC), Tenkasi District, and on further conditions that :- [a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the 3/6

Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioners shall report before the Additional District and Sessions Judge(FTC), Tenkasi District daily at 10.30 a.m., and shall report before the respondent police daily at 05.30 p.m, until further orders;

[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[d] the petitioners 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 4/6

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.

29.01.2026 PJL To 1.Additional District and Sessions Judge(FTC), Tenkasi District.

2.The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

3. The Superintendent, Central Prison, Palayamkottai.

4. 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.1693 of 2026 Date : 29/01/2026 6/6