Kishore @ Vairam v. State Of Tamilnadu Rep By Inspector Of Police, Theni
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Kishore @ Vairam 2.Manojkumar 3.Sivakumar 4.Veerapandi
...Petitioners/Accused
Vs State of Tamil Nadu rep. by The Inspector of Police, Theni Police Station, Theni.
(Crime No. 114 of 2026 )
...Respondent/Complainant
For Petitioners : Mr.J.Selvam Advocate.
For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 114 of 2026 on the file of the respondent police. 1/7
ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 04.02.2026 for the offences punishable under Sections 61(2), 103(1) of BNS, 2023 @ Section 49, 296(b), 61(2) and 103(1) of BNS, 2023 in Crime No. 114 of 2026 on the file of the respondent police, seek bail.
2. The case of the prosecution is that A1 and A2 were borrowed a sum of Rs.10,00,000/- from the deceased. In default, the deceased instituted a case against them and threatened them to hand over their house property. Due to previous enmity, A1 and A2 and the other accused including the petitioners murdered the deceased. Hence the case.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioner's name is not mentioned in FIR and based on the confession of A1, the petitioners have 2/7
been arrayed as accused. He would further submit that A3 and A4 were granted anticipatory bail. He would further submit that they have been arrested and remanded to judicial custody on 04.02.2026. Therefore, prayed to grant bail for the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that based on the complaint lodged by the wife of the deceased, the case has been registered under Sections 61(2), 103(1) of BNS, 2023 @ Section 49, 296(b), 61(2) and 103(1) of BNS, 2023 in Crime No. 114 of 2026. He would further submit that A1 and A2 were arrested under Act 14 and based on the confession of A1, the petitioners have been arrayed as A6 to A9. He would further submit that the fourth petitioner has two previous case which are not similar in nature. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioners.
5. This Court heard both sides and perused the materials available on record.
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6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that based on the confession of A1, the petitioners have been arrayed as A6 to A9 and the main accused/A1 and A2 were detained under Act 14 and co-accused was granted anticipatory bail by this Court and though the fourth petitioner has two previous cases, in all cases, the bail was granted to him and no previous case is pending against the petitioners 1 to 3 and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:
[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute 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, Theni, and on further conditions that: [b] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter as and when required for interrogation. 4/7
[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;
[d] the petitioners shall not abscond either during investigation or trial;
[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(P D B J) 07.04.2026 apd To 1.The Judicial Magistrate, Theni.
2.The Inspector of Police, Theni Police Station, Theni.
3. The Superintendent, District Prison, Theni. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL, J apd
ORDER
IN CRL OP(MD) No. 5612 of 2026 Date : 07.04.2026 7/7