Dharma @ Dharmadhurai v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/04/2026 PRESENT THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Dharma @ Dharmadhurai ...Petitioner/ Sole Accused Vs State of Tamil Nadu rep. by The Inspector of Police, Lalapettai POlice Station, Karur District.

(Crime No.78 of 2026)

...Respondent/Complainant

For Petitioner:Mr.P.Pratheesh Advocate.

For Respondent:Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 78 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner /sole Accused, who was arrested and remanded to judicial custody on 22.02.2026 for the offences punishable under Section 296(b) and 109(i) of BNS Act, in Crime No.78 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had attacked his father-in-law, namely Vadivel, with the billhook on his left ear. At the instance of the petitioner's mother-in-law, who is the defacto complainant, the said case came to be registered.

3. The learned counsel appearing for the petitioner would submit that already injured was discharged from the hospital and the petitioner is in incarceration for the past 37 days and hence, sought mercy of this Court.

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4. The learned Additional Public Prosecutor appearing for the respondent would submit that the question of considering bail for this petitioner will not arise because he is the history sheeter, against whom, H.C.No.2 of 2017 is still maintained by the respondent police. That apart, he also point out that the petitioner is a person with bad criminal antecedent and as many as five criminal cases are pending against him and he is facing ordial of trial in all the said cases. Hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. The date of offence was on 21.02.2026 and the petitioner was remanded to judicial custody on 22.02.2026. It is seen from the arguments made by either parties that the injured has already 3/7

been discharged from the hospital. The petition has suffered incarceration for the past 37 days. Hence, this Court is of the considered view that bail is the rule and jail is an exception. Accordingly, this petition for bail is allowed subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 District Munsif Cum Judicial Magistrate, Krishnarayapuram, and on further conditions that:

[b] the petitioner shall report before the before the Vellur Taluk police station daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation;

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[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the 5/7

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].

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

02.04.2026 Rmk To 1.The District Munsif Cum Judicial Magistrate, Krishnarayapuram.

2.The Officer-Incharge, Sub Jail , Kulithalai, Karur District.

3.the Inspector of Police, Lalapettai POlice Station, Karur District.

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

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L.VICTORIA GOWRI, J Rmk

ORDER

IN CRL OP(MD) No. 6537 of 2026 Date : 02.04.2026 7/7