Mookandi v. State Of Tamilnadu Rep By Inspector Of Police, Eral

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Mookandi 2.Ramesh ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Eral Police Station, Thoothukudi District.

(Crime No.632 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Vishnuvardhan Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For Intervenor : Mr.N.Pragalathan PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.632 of 2025 on the file of the respondent police.

1/6

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 10.12.2025 for the offences punishable under Sections 126(2), 296(b), 103(1), 351(3) & 54 of BNS, in Crime No.632 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners along with other accused persons restrained and murdered the defacto complainant's brother and also criminally intimidated the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences 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 they are in judicial custody from 10.12.2025. Hence, he seeks bail to the petitioners. 2/6

4. The learned Additional Public Prosecutor submitted that the investigation is still pending. Hence, he opposed for grant of bail to the petitioners.

5. The learned counsel for the Intervenor/defacto complainant has opposed for grant of bail to the petitioners.

6. Further, the learned counsel for the petitioners seeks permission of this Court to withdraw this petition in respect of the 2nd petitioner and he has also made an endorsement to that effect.

7. Taking into consideration the facts and circumstances of the case, and in view of the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdraw in respect of the 2nd petitioner. Further, considering the period of incarceration suffered by the 1st petitioner, this Court is inclined to grant bail to the 1st petitioners, subject to the following conditions: 3/6

8. Accordingly, the 1st 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 Judicial Magistrate No.II, Srivaikundam,, and on further conditions that :- [a] the sureties shall affix their photographs and Left 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 1st petitioner shall report before the respondent police, daily at 10.30 a.m., until further orders.

[c] the 1st petitioner shall not abscond either during investigation or trial.

[d] the 1st petitioner 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 1st petitioner in accordance with law as if 4/6

the conditions have been imposed and the 1st 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 Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

9. Accordingly, this Criminal Original Petition is allowed in respect of 1st petitioner and dismissed as withdrawn in respect of 2nd petitioner.

(S S Y J) 18.02.2026 msrm To

1. The learned Judicial Magistrate No.II, Srivaikundam.

2. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

3. The Inspector of Police, Eral Police Station, Thoothukudi District.

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

5/6

S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.3442 of 2026 Date : 18.02.2026 6/6