Maruthupandi v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Vasudevanallur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Maruthupandi

2. Karuthapandi

3. Esakkimuthu

4. Mariselvam ... Petitioners/Accused Vs

1. State of Tamilnadu Rep by, The Sub Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

Crime No. 43/2026.

2. Syed Ali ... Respondents/Complainants For Petitioners : Mr.R.Rajeshkumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/6

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.43 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 24.01.2026 for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1) and 109(1) of BNS, 2023, in Crime No.43 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 23.01.2026, when the defacto complainant was waiting near a grocery store to proceed to the mosque, the accused persons stopped the two-wheeler of one Muhammed Riswan, abused him in filthy language, and attempted to attack him. When the defacto complainant intervened to prevent the said attack, the accused abused the defacto complainant in filthy language and assaulted him. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the 2/6

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 24.01.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the injured has been discharged from the hospital. He further submitted that A-1 and A-3 have one previous case pending against them. Therefore, 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 fact that the injured has been discharged from the hospital, 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 Judicial Magistrate Sivagiri, and on further conditions that :- 3/6

[a] the petitioners 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 petitioners 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 down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

(S S Y J) 04.02.2026 jbr TO

1. The Judicial Magistrate Court, Sivagiri.

2. The Superintendent, Central Prison, Palayamkottai.

3. The Sub Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

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

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.2078 of 2026 Date : 04/02/2026 6/6