Thibaharan v. State Of Tamilnadu Rep By Inspector Of Police, Nanguneri

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6589 of 2026 Thibaharan ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

(Crime No.23 of 2026)

...Respondent/Complainant

For Petitioner : Mr.K.Raghul Priyan Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 23 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 17.02.2026 for the offences punishable under Sections 103 of BNS @ 103(1), 189(2), 296(b), 3(5) and 61(2) of BNS, in Crime No.23 of 2026 on the file of 1/5

the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner engaged A1 along with other accused and murdered the deceased. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not involved in any offence as alleged in the FIR. There is no specific overt act against the petitioner. He is no way connected with the occurrence. He was falsely implicated in this case. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with other accused engaged A1 and committed this offence. Investigation in this case has been completed and charge sheet also filed before the concerned court. Therefore, he vehemently, opposed the grant of bail. However, he has no previous case pending against him and the co-accused in this case released on bail.

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, considering the fact that the investigation has been completed and charge sheet also filed before the concerned Court, co-accused has been released on bail, the accused has no previous case and also considering the period of incarceration of the petitioner from 17.02.2026, this Court is inclined to grant bail to the petitioner 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 Judicial Magistrate, Nanguneri and on further conditions that:

[b] the petitioner shall report before the Judicial Magistrate, Nanguneri, at 10.30 a.m., on all working days, until further orders;

[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 3/5

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 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.

(P D B J) 06.04.2026 TM To 1.The Judicial Magistrate, Nanguneri.

2.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

(Crime No.23 of 2026) 3.The Superintendent, Central Prison, Palayamkottai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 6589 of 2026 Date : 06.04.2026 5/5