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Madras High CourtCRL OP(MD)/4107/2026granted

Abimanyu v. The State Of Tamilnadu Rep.By

2026-02-25Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Abimanyu ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

Crime No.387/2025. ... Respondent/Complainant For Petitioner : N.Ananda Kumar, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.387 of 2025 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 07.07.2025 for the offences punishable under Sections 281, 191(1)(2)(3), 109, 103, 351(3) r/w. 49 of BNS, 2023, in Crime No.387 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmnity, on 04.07.2025 at about 9.04 p.m., when the complainant's son was riding his two-wheeler, a blue car without a number plate hit him, and the petitioner along with other accused attacked him with swords, resulting in his death. 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 petitioner is in judicial custody from 07.07.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that due to previous enmity, the petitioner along with the other accused stabbed the defacto complainant's son, resulting in his death. Therefore, he opposed for grant of bail to the petitioner.

5. The petitioner was detained under Act 14, which was subsequently revoked. It is stated that there was retaliation between two groups. The prosecution strongly opposed the grant of bail on the ground that there is a possibility of further retaliation leading to a law and order problem. Considering the facts and circumstances of the case 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.I, Sivagangai, and on further conditions that :- 3/6

[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 stay at Tirunelveli and report before the Inspector of police, Palayamkottai Police Station, Tirunelveli, daily at 10.30 a.m., until further orders. The petitioner is directed to do social service by planting trees for a period of one month.

[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].

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

(S S Y J) 25.02.2026 jbr TO

1. The Judicial Magistrate No.I, Sivagangai.

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, Sivagangai Town Police Station, Sivagangai 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.4107 of 2026 Date : 25/02/2026 6/6