Malaisamy v. State Of Tamilnadu Rep By Inspector Of Police, Melur
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY
1. Malaisamy
2. Sivabalan @ Siva ... Petitioners/Accused Vs State of Tamilnadu Rep by Inspector of Police, Melur Police Station, Madurai District, Crime No.557/2025. ... Respondent/Complainant For petitioners : Mr.J.Sankarapandian, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- 1/6
For Bail in Crime No.557/2025 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 18.11.2025 for the offences punishable under Sections 103(1) of BNS, 2023 @ 103(1), 191(2), 191(3), 296(b) of BNS, 2023 in Crime No.557 of 2025 on the file of the respondent seek bail.
2. The case of the prosecution is that due to previous enmity the petitioners herein and other accused are said to have attacked the defacto complainant with stones and sticks and thereby, caused the death of the deceased. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 18.11.2025. Hence, he seeks bail to the petitioner. 2/6
4. The learned Additional Public Prosecutor would submit that the 2nd petitioner is having two previous cases and that the charge sheet is in the verge of being filed. He would further submit that the offence committed by the petitioners is serious in nature and hence, he opposed for grant of bail to the petitioner.
5. Considering the facts and circumstances of the case and also considering the specific allegation against the petitioners that they have attacked the deceased with stones and sticks and the fact that the charge sheet is on the verge of being filed, and also considering the period of incarceration already undergone 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 Judicial Magistrate, Melur, Madurai, and on further conditions that :- [a] the sureties shall affix their photographs and Left 3/6
Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall appear before the concerned Magistrate on all working days at 10.30 am; and they shall also appear before the respondent Police daily at 5.00 pm until further orders. Relaxation petition will not be entertained for the next two months. [c] the petitioners shall not abscond either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.
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(S S Y J) 06.02.2026 TRP TO
1. Judicial Magistrate, Melur, Madurai,
2. Do-Through The Chief Judicial Magistrate, Madurai District.
3. The Superintendent, Central Prsion, Madurai.
4. The Inspector of Police, Melur Police Station, Madurai 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.2418 of 2026 Date : 06/02/2026 6/6