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Madras High CourtCRL OP(MD)/7885/2026granted

Jesu @ Jesuraja v. The State Of Tamilnadu Rep By The Inspector Of Police, Thoothukudi South

2026-04-22Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Jesu @ Jesuraja ... Petitioner/Accused No.5 Vs The State of Tamilnadu Rep By, The Inspector of Police, Thoothukudi South Police Station, Thoothukkudi District.

(In Crime No.916 of 2025). ... Respondent/Complainant PRAYER :- For Bail in Crime No.916 of 2025 on the file of the respondent police.

For Petitioner : S.Vishnuvardhan, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner/Accused No.5, who was arrested and remanded to 1/6

judicial custody on 26.12.2025 for the offence punishable under Section 103(1) of BNS, in Crime No.916 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased is the son of the defacto complainant. There is a dispute between the deceased and the accused persons with regard to their friend's death and the deceased has also spoken about him badly. Due to which, on 24.12.2025, the petitioner and other accused persons conspired together 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. He would further submit that the co-accused was already granted bail by this Court and he is in custody from 26.12.2025. Therefore, he prayed to grant bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the due to the previous dispute with regard to the death of his friend, the petitioner along with other accused planned and surrounded the deceased and took him to a far away place and attacked him with aruval, due to which, the deceased died on the spot. It is a retaliation murder. Investigation in this case has been completed and charge sheet also filed before the Judicial Magistrate No.II, Thoothukudi and the same was taken cognizance in P.R.C.No.69 of 2026 and pending for committal proceedings. Therefore, he vehemently, opposed the grant of bail. However, the petitioner has no previous case and the co-accused was released on bail by this Court.

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, considering the fact that the investigation has been completed and charge sheet also filed before the concerned Court and the 3/6

same is pending for committal proceedings, the accused has no previous case and also considering the fact that the co-accused was already granted bail by this Court and period of incarceration of the petitioner from 26.12.2025, 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 No.I, Thoothukudi District, and on further conditions that: [b] the petitioner shall report before the Judicial Magistrate No.II, Thoothukudi, daily 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 4/6

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 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) 22.04.2026 dss 5/6

P. DHANABAL,J dss To 1.The Judicial Magistrate No.I, Thoothukudi District.

2.The Judicial Magistrate No.II, Thoothukudi District.

3.The Inspector of Police, South Police Station, Thoothukudi District.

4.The Superintendent, Central Prison, Palayamkottai. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7885 of 2026 Date : 22/04/2026 6/6