Nagarajan v. State Of Tamilnadu Rep By Inspector Of Police, Kulasekarapattinam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Nagarajan 2.Punitharaj @ Selvam ... Petitioners/Accused Vs The State of Tamil Nadu, Rep., by the Inspector of Police, Kulasekarapattinam Police Station, Kulasekarapattinam, Thoothukudi District.

(Crime No. 314 of 2025).

... Respondent/Complainant For Petitioners : Mr.N.Pragalathan Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-32 B. For Bail in Crime No.314/2025 on the file of the respondent police.

ORDER : The Court made the following order :- 1/6

The petitioners, who were arrested and remanded to judicial custody on 09.12.2025 for the offences punishable under Sections 126(2) and 103(1) of BNS, in Crime No.314 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners are brothers and the deceased is the son of the defacto complainant. When the 2nd petitioner developed love affair with the deceased's sister, who is the daughter of the defacto complainant, the deceased warned the accused. Hence, the accused wrongfully restrained the deceased and murdered him. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the 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 09.12.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that totally there are 3 accused, A1/1st petitioner has 3 previous cases and A2/2nd petitioner has 2 previous cases. The petitioners are A1 and A2. A3 is a juvenile. However, 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 period of incarceration suffered 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, Tiruchendur, Thoothukudi District, and on further conditions that :- [a] the petitioners and the sureties 3/6

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] in order to protect the victim family, the petitioners are directed to stay at Tirunelveli and report before the Tirunelveli High Ground Police Station daily at 10.30 a.m, for a period of one month and thereafter shall appear before the respondent police daily at 10.30 a.m., until further orders; the petitioners shall not enter into Tiruchendur Taluk;

[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 4/6

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.

24.02.2026 PJL TO

1. Judicial Magistrate, Tiruchendur, Thoothukudi District.

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

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

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.3842 of 2026 Date : 24/02/2026 6/6