Ganeshkumar v. State Of Tamilnadu Rep By Inspector Of Police, Paramakudi Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Ganeshkumar ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by, The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District (In Crime No. 20 of 2026).

... Respondent/Complainant PRAYER :- For Bail in Crime No. 20 of 2026 on the file of the Respondent Police.

For Petitioner : T.Venkatesan, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 16.03.2026 for the offences punishable under Sections 309(6) of BNS @ U/s 332(c), 127(7), 351(3), 309(6) of BNS, in Crime No.20 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the complainant is the mother of the deceased. On 12.02.2026, at about 07.30 a.m, the petitioner and other accused persons are said to have robbed 7 sovereigns of gold jewels from the complainant at knife point and also caused injuries to her. Hence, the respondent police registered a case against the accused for the aforesaid offences and arrested the petitioner. Hence, this petition.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the name of the petitioner was not found in the FIR and the co-accused was already released on anticipatory bail and part of the property was already recovered and he has been arrested and remanded to judicial custody on 16.03.2026. Therefore, prayed to grant bail for the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner and other accused persons are said to have robbed 7 sovereigns of gold jewels from the complainant at knife point and the petitioner is having 8 previous cases and hence, he strongly opposed to grant bail to the petitioner. However, he fairly conceded that in all cases, he was released on bail and anticipatory bail and the co-accused was already released on bail and part of the property was already recovered.

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

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and the petitioner's name was not found in the FIR and part of the property was recovered and the co-accused was already released on bail and though the petitioner has 8 previous cases, all the cases are not in similar kind of cases and in all cases, he was released on bail and anticipatory bail, and considering the period of 3/6

incarceration undergone by the petitioner, 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, Paramakudi, Ramanathapuram District, and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., 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 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 4/6

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) 10.04.2026 dss 5/6

P. DHANABAL,J DSS To 1.The Judicial Magistrate, Paramakudi, Ramanathapuram District. 2.The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District .

3. The Superintendent, District Jail, Ramanathapuram. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7159 of 2026 Date : 10/04/2026 6/6