Madhan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY Madhan Petitioner(s) Vs The State represented by Inspector of Police Kottar Police Station, Kanyakumari District.

Crime No. 309 of 2023 Respondent(s) For Petitioner(s) : Mr.A.Mohamed Haneef For Respondent(s): Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor Prayer: - For Bail in Crime No. 309 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 16.09.2025 for the offences punishable under Sections 341, 294(b), 307, 506(2) & 326 of IPC, in Crime No.309 of 2023, on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that on 27.10.2023 due to previous enmity, the accused wrongfully restrained the defacto complainant and his son and also abused them in filthy language. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, bail is sought for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that co-accused/A-1 already granted bail and he is regularly appeared before the trial Court. The petitioner is A-2 and totally there are seven previous cases pending against him.

5. Considering the aforesaid facts and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, despite the existence of seven previous cases, subject to certain conditions.

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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 I Additional Sub Court, Nagercoil, and on further conditions that, a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

b) the petitioner is directed to appear before the trial Court in all the future hearing dates.

c) the petitioner shall not tamper with evidence or witness;

d) the petitioner shall not abscond during 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 3/4

Kerala [(2005)AIR SCW 5560].

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

17.02.2026 KSA To

1. The I Additional Sub Court, Nagercoil 2.The Inspector of Police Kottar Police Station, Kanyakumari District.

3. The Superintendent, District Jail, Nagercoil. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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