Mariselvam v. State Of Tamilnadu Rep By Inspector Of Police, Jaihindpuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Mariselvam ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Jaihinthpuram Police Station, Madurai District.

Crime No.52 of 2026. ... Respondent/Complainant For Petitioner : Mr.A.Yasarkhan For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.52 of 2026 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 29.01.2026 for the offences punishable under Sections 191(2), 191(3), 126(2), 296(b), 181(1) and 351(3) of BNS, 2023, in Crime No.52 of 2026 on the file of the respondent police, seeks bail.

2. The prosecution case is that on 28.01.2026 at about 8.15 p.m., the accused wrongfully restrained the defacto complainant and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the co-accused has already been released on bail and that the petitioner is in judicial custody from 29.01.2026. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Crl. side) submitted that one previous case is pending against the petitioner and that the injured 2/6

has been discharged from the hospital. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the fact that the co-accused has already been released on bail, considering the fact that the injured has been discharged from the hospital and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

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 Judicial Magistrate No.IV, Madurai, and on further conditions that :- [a] the petitioner 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 petitioner shall report before the concerned Judicial Magistrate Court daily at morning at 10.30 a.m., and evening at 5.30 p.m., before the respondent police 3/6

until further orders. No relaxation shall be considered for the next two months.

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

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

(S S Y J) 20.02.2026 jbr 4/6

TO

1. The Judicial Magistrate No.IV, Madurai.

2. The Superintendent, Central Prison, Theni.

3. The Inspector of Police, Jaihinthpuram Police Station, Madurai 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.3593 of 2026 Date : 20/02/2026 6/6